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(영문) 대전고등법원 2015.04.03 2014나1513
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

2...

Reasons

1. Facts of recognition;

A. Around January 2012, the Future Energy Technology Co., Ltd. and the Defendant’s future energy technology Co., Ltd. (hereinafter “Smi Energy Technology”) contracted by the Defendant to install solar power plants (hereinafter “instant construction”) with respect to the income of stabilizing the livelihood of the residents of the red general industrial complexes (hereinafter “Smi General Industrial Complex”).

(1) The remainder of KRW 1,650,000 (including value-added tax 150,000,000) - The intermediate payment of KRW 250,000: intermediate payment of KRW 1,00,000 - The intermediate payment of KRW 1,000: 40,000 (the payment date shall be seven days after the submission of the completion date) completion date: The penalty for delay on February 28, 2013: The penalty for delay shall be governed by the Act on Contracts to Which a Local Government Is a Party.

B. On October 4, 2012, part of the instant contract price claim for future energy technology was partially transferred to the Plaintiff, and the future energy technology transferred to the Plaintiff KRW 1,320,000,000 (the sum of KRW 1,200,000,000 and value added tax for 10%) out of the claim for the payment of subcontract price to the Defendant in relation to the payment of subcontract price, and on October 9, 2012, the Defendant notified the fact of transfer to the Defendant and issued the notification to the Defendant at that time.

C. On May 29, 2013, the Defendant completed the instant construction works, which received a completion inspection from the Hongsung-gun on the instant construction works.

On May 14, 2014, the transfer of future energy technology remaining after the future energy technology is transferred to the Plaintiff on May 14, 2014, and the Defendant was notified of the transfer on May 16, 201 and the above notification was delivered to the Defendant at that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 7, 11, Eul evidence Nos. 3, 6, 7 and 7, the purport of the whole pleadings

2. Determination as to the claim for transfer money

A. The plaintiff.

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