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(영문) 대구지방법원 2017.06.28 2016나302340
공사대금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company operating the business of installing solar power plants, etc., Defendant A is a company that operates the business of installing solar power plants, and Defendant B is a trade name of solar power plants, Defendant B is a solar power plant, and Defendant C is a person that operates each solar power generation business in the trade name of the Fso-

B. On November 24, 2014, the Plaintiff: (a) each of the Defendants was awarded a contract by setting the construction cost of KRW 256,30,000 and the construction period of construction from November 25, 2014 to March 12, 2015 with respect to the installation of 99kW solar power generation facilities, etc. (hereinafter “instant construction”).

C. Each solar power generation facility that the Plaintiff constructed was passed the pre-use inspection conducted by the Korea Electrical Safety Corporation on January 5, 2015.

On May 20, 2015, the Plaintiff completed the fences construction among the instant construction works, and on June 23, 2015, the stone drums construction among the instant construction works.

E. By May 18, 2015, Defendant A paid KRW 253,095,80 in total as the instant construction cost; Defendant B paid KRW 253,09,620 in total as the instant construction cost until July 10, 2015; and Defendant C paid KRW 247,097,97,970 in total as the instant construction cost until July 10, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence 1, 3 through 9, Gap’s evidence 2-1 through 3, Eul’s evidence 4-7, and 8, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) The solar power generation facilities built by the Plaintiff under the instant construction contract passed a pre-use inspection conducted by the Korea Electrical Safety Corporation on January 5, 2015, and received a written confirmation of facilities subject to the issuance of supply certificates from the new and renewable energy center on February 4, 2015. The instant construction project was completed on March 12, 2015. 2) Even if the instant construction project was delayed as alleged by the Defendants, the Defendants did not pay the remainder of the construction cost within 20 days after passing the pre-use inspection conducted by the Korea Electrical Safety Corporation. This is attributable to such Defendants.

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