beta
(영문) 대구고등법원 2016.11.30 2015나24967

납품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the repair business of cultural properties, etc., and the Defendant is a contracting temple the repair business of cultural properties to the Plaintiff from around 2008 to July 31, 201, when the former main place E (F) was well-known under the jurisdiction of a religious organization A (F).

Standard contract for private construction works (as referred to in subparagraph 1)

1. Construction name: C surrounding maintenance works in B;

2. The construction site: D North Cheong-gun, Cheongbuk-gun.

3. Date of commencement: The date scheduled for completion on February 28, 201: August 28, 201: The contract amount on August 28, 201: Geum-gu Won (including the Won 900,000,000, value-added tax).

6. Contract bond: Geum-gu, Geumcheon (Won 90,000,000); and

8. Completion portion: (a) once a month.

9. Completion money: The name of the project (including the 900,000,000, value-added tax) design plan (No. 1) for the daily gold-gu Government (including the Won 900,000,000, and value-added tax): The location of the project for the adjacent maintenance of C: the content of the D

1. Construction of a mulshion farm: 51.84 square meters (15.68 square meters);

2. Construction of a fluoral angle: 68.04 square meters (20.58 square meters);

3. Research cost of KRW 780,311,000 design service cost of KRW 30,000,000 for total construction cost of KRW 23.50m of total construction cost of KRW 23.50m of total construction cost of KRW 780,311,000 for each contract amount of KRW 30,000 for design service cost of KRW 26,000,000 for non-construction cost of KRW 1,20,000 for technical consultation cost of KRW 62,489,00 for drilling research cost of KRW 62,489,00 for total construction cost of KRW 9,000

B. On February 28, 2011, the Plaintiff entered into a contract with the Defendant to receive a contract for a long-term continuing construction project; (i) the Plaintiff’s construction period from February 28, 201 to December 30, 2012 from the Defendant to December 30, 2012; (ii) the contract amount is set at KRW 2,614,286,000 (Evidence 2); (iii) the construction period is 201; (iv) the construction period is from February 28, 2011 to August 28, 2011; and (v) the construction amount is set at KRW 900 million; and (v) the contract amount is set at KRW 10 million to receive a contract for a nearby repair project (hereinafter “the construction contract for the year 2011”). The main contents of the construction contract for the year 2011 are as follows:

C. Around March 2012, the Plaintiff: (a) was, around March 2012, the Defendant; (b) was, and (c) was, fluorous and co-ordinated in the river basin of the 100 million market price, within the 2011 construction contract.