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(영문) 광주지방법원 2020.07.08 2019나58222
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On September 28, 2016, the Plaintiff, including the conclusion of a solar power generation project contract, is called the instant East and plant cultivation company: (a) around September 28, 2016, the Plaintiff is not more than two Dong and plant cultivation companies on the ground of Jeonnam-gun, Military, D, E, I, and F.

After completion of the construction, ‘the solar power plant of this case' above is the solar power plant of this case.

The contract for solar power generation projects (hereinafter referred to as the “instant contract”) with the content of establishing the Corporation, and the said construction is referred to as the “instant construction.”

(2) The standard contract for solar power generation projects was concluded as follows:

1. The name of the power plant: G;

2. Place of installation: C, D, E, I, F Buildings J-dong, K-dong, in the south of Korea.

3. Contract amount: 319,00,000 won; and

4. Value of supply: 290,000,000 won.

5. Additional tax: 29,000,000 won.

6. Preliminary period of business: Permission after completion of a cultivation company of animals and plants;

7. Period of construction: January 25, 2017 on the date of completion;

(a) advance payment 31,900,000 - 10% of the contract amount on the date of the contract;

(b)The first intermediate payment of KRW 63,800,000 - 20% of the contract amount on the start date for the cultivation of animals and plants - the second intermediate payment of KRW 191,400,000 - 60% of the solar field works;

C. Balance 31,900,000 - Contract amount of 10% of the contract amount as of the date of approval for the inspection for the point of exclusive use for the Korean electric power plant: Warranty bond rate of 3% (3%) of the contract amount: 9,570,000 won: Land costs: KRW 60,887,553 [General Conditions of Standard Contract] 18 (Performance Delay and Exemption Matters] ① When the plaintiff fails to complete the production and trial operation within the construction period as set forth in the contract, he shall calculate the liquidated damages and pay it to the defendant.

The standard rate (1/100)/day Article 23 (Operation of Plant Breeding Companies) of the same Act shall be used and operated for 25 years from L (ju) agricultural corporations affiliated with the plaintiff, and the user fee for 25 years shall be divided into ten times each year for 1/25, 7/25 years from the date of commencement of the electric generation business, with the same amount as the total land cost paid by the defendant to the plaintiff by 1/25, 7/25.

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