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(영문) 수원지방법원 2017.08.10 2016가단34218
공사대금
Text

1. Defendant A shall pay to the Plaintiff KRW 49,326,00 as well as 15% per annum from October 29, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business of new and renewable energy, air-conditioning and heating equipment, and wholesale and retail business of hot water supply equipment. Defendant A is a person who engages in construction business, and Defendant B is a parent of Defendant A.

B. On March 11, 2015, the Plaintiff entered into a contract with Defendant A for the “D District Heating Corporation” (hereinafter “the instant primary contract”) with the content that the geothermal Heating Corporation (hereinafter “instant primary contract”) is engaged in the geothermal Heating Corporation (hereinafter “instant primary contract”).

At the time of the above contract, the Plaintiff and Defendant A set the total construction cost of KRW 91,00,000 with the construction cost of KRW 13,00,000 per household. At the time, with respect to the instant primary construction project, the unit price of the said construction cost was reduced depending on the support (subsidies) under the “new and renewable Energy Supply Project (Housing Support”)” of the Energy Management Corporation in 2015. C. As stipulated in the instant primary contract, the Plaintiff completed the instant primary construction project as prescribed in the instant primary contract. However, the Defendant A paid the Plaintiff the total construction cost of KRW 77,00,000 to the Plaintiff, and did not pay the remainder of KRW 14,00,000 up until December 31, 2015, the Plaintiff appears not to exist between Defendant A and Gwangju-si Seoul Special Metropolitan City District Housing Corporation and the ESG Construction Corporation (hereinafter “the instant secondary construction work”).

In other words, the instant secondary contract was concluded. The construction cost per household at the time of the instant contract was KRW 16,570,000 with the total construction cost of KRW 116,00,000. Unlike the instant primary contract, the said construction cost was determined as KRW 116,000 with the total construction cost of KRW 16,570,000 with the total construction cost. Unlike the instant primary construction cost, the said construction cost is somewhat the unit cost of the construction cost rather than the instant primary contract, as the period for receiving subsidies (subsidies) pursuant to the “New and Renewable Energy Supply Project (Housing Support”) of the Energy Management Corporation in 2015, is not the period for receiving subsidies (subsidies).

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