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(영문) 대구지방법원 2015.06.05 2014가합3904
공사대금
Text

1. The Defendant’s KRW 94,50,000 as well as the Plaintiff’s annual rate of KRW 5% from October 19, 2013 to June 5, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who is a business title of “C” with the business of opening a tombstone and tombstone, and D is a person who actually operates “C” with the Plaintiff’s husband.

The Defendant is the owner of the forest land E (which was divided into F, etc.) (hereinafter referred to as the “the forest of this case”), who is delegated to G with all affairs related to the development of the forest of this case as factory site, including the conclusion of the instant contract. G is the person who signed the instant contract on behalf of the Defendant, and performed the affairs related to the development of the forest of this case.

B. Around March 2012, D entered into a contract on behalf of the Plaintiff with G, the Defendant’s agent, to change the burial of the graveyard located within the instant forest and fields, and conducted on-site inspections, such as investigating the actual state of the graves located within the instant forest and fields, on behalf of G, by finding up a total of 200 graves, and setting up a sign sign board with a number (1-200) on the front of each grave. From October 2012 to October 2012, D, in accordance with the direction of G by the Defendant’s agent, performed the work to change the burial of a grave (hereinafter referred to as “reclaimed and abandoned grave”).

C. Since then, G filed an application for permission for the relocation of a grave under the name of the Defendant with no relative (hereinafter “unclaimed grave”), and the head of Gluri-gun on June 27, 2013; and

6. On June 28, 2013, through a field inspection and investigation through a public official in charge, the permission for the relocation of the grave to 112 term 112 permanent graves (the graves Nos. 32 and 150 were identified as ever, and were excluded from those subject to the permission) was granted on June 28, 2013. D, immediately after the Defendant obtained the said permission, the Defendant asserted that the instant contract was drafted on March 17, 2012 by the Plaintiff and the Defendant on July 7, 2013. However, taking full account of the overall purport of the pleadings as stated in evidence No. 6-2, the forest of this case is located within the forest of this case as of March 17, 2012.

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