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(영문) 서울남부지방법원 2015.08.17 2014가합112393
손해배상(기)
Text

1. The Defendant’s KRW 1,026,030,073 as well as 5% per annum from December 8, 2014 to August 17, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On December 21, 2007, the Plaintiff entered into a contract for construction works at solar power plants. On December 21, 2007, the name of the Defendant (existing name was a stock company that was changed to the name as of September 26, 201.

B) As between the Defendant and the permanent residence, the Defendant’s electric power plant C (hereinafter “instant electric power plant”).

) From December 21, 2007 to July 31, 2008, the construction period was determined as construction cost of KRW 3,500,000,000 (excluding value-added tax) and entered into a contract with the Plaintiff to execute the construction work upon contract with the Plaintiff (hereinafter “instant contract”).

(2) Of the technical specifications and specifications contained in the instant contract, the content relevant to the instant case is as follows.

1.1.1.1. General Rule 1.1.1.1. the scope of supply is the unit of the maximum power generation capacity that can be generated from the best weather conditions in solar power generation, when the location of the power plant, the facility capacity, and the permanent residence of the capacity of the power plant.

As solar power generation depends on weather, it shall be used by attaching a p (P) unit, which means the maximum power generation capacity after W,kW, etc., 1,00W = 1kW).

1.3. design terms of 1.3.1 of solar batteries and ancillary equipment, transformation equipment, etc. shall be designed to meet the required performance.

(i) Design water life: 20 20 o: 20 o: Economic water life: on January 4, 20 1: solar power generation facility 1.4.1) solar power generation facility 1) on solar water: at least 13.0 efficiency;

2. On January 1, 201, 2.1, 2.1.2 of the specifications of the main equipment and main technology specifications, solar power generation plant: The technical specifications type: the maximum output of the solar container installation capacity: 500kW : 2,942 holdsers of at least 170W: 3) the Plaintiff and the Defendant changed the content of the contract by installing 170 W-sized solar batteries 2,950 (materials 1,905,70,000 won) at the instant power plant on February 29, 2008. (b) The Defendant discovered the defects of the solar batteries; (b) the Defendant around July 2008.

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