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(영문) 광주지방법원순천지원 2015.01.28 2013가합3393

공사대금

Text

1.(a)

Defendant A Religious Organization B church members shall be the Plaintiff’s KRW 396,553,617 and KRW 336,504,617 among the Plaintiff. < Amended by Presidential Decree No. 24517, Jul. 15, 2013>

Reasons

1. Basic facts

A. On March 19, 2013, the Plaintiff entered into a construction contract with Defendant A Religious Organization B B (hereinafter “Defendant church”) by setting the construction cost of KRW 2.435 million with respect to the “D Welfare Foundation Construction Work” on the ground of the real estate listed in attached Table No. 1 (hereinafter “instant welfare center Construction Work”), the construction period from March 26, 2013 to September 30, 2013, and the “other matters” typed warehouse construction terms (8.3 square meters), separate from the civil engineering work. At the same time, the Plaintiff entered into a construction contract with Defendant C, the representative of Defendant church, with the “new housing construction work on the ground of the real estate indicated in attached Table No. 2” (hereinafter “instant housing construction work”).

A contract for construction works was concluded by setting the construction cost of KRW 3.5 million per the average of the construction cost.

hereinafter referred to as "each contract of this case" is "each contract of this case"

At the time of entering into each of the instant contracts, Defendant C: (a) suspected of the Defendants’ financial resources; (b) had the view to entering into a contract; (c) had the Plaintiff paid the construction cost to the religious order to which the church belongs; and (d) had the right to receive subsidies from the High Military Office.

B. On July 14, 2014, the Plaintiff filed a claim with Defendant C for the payment of KRW 571,670,000 of the base price, by submitting a written statement of the construction work content, the quantity of the goods, unit price, etc., after completing the instant welfare center’s underground construction and the 1st floor concrete building construction work. Defendant C did not reimburse the existing end on financial resources and paid the construction price in return for money from investors.

After completing the structural construction of the instant housing, on July 31, 2013, the Plaintiff filed a claim for construction cost of KRW 75,772,708 with Defendant C upon submitting the construction specifications.

C. After the end of August, 2013, the Plaintiff sought the payment of the construction cost by finding Defendant C several times, but the Defendant C withdraws its intent to make an investment.