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(영문) 대구지방법원 서부지원 2017.01.25 2015가단34134
공사대금
Text

1. The defendant shall be 86,204,300 won to the plaintiff A, 27,000,000 won to the plaintiff B, and 25,580,000 won to the plaintiff C and each of the above amounts.

Reasons

1. Basic facts

A. The defendant is a traditional temple under the Korean Traditional Temples Preservation and Support Act, and E (F) is a person who held office as the defendant's chief knowledge from April 20, 204 to July 11, 2013.

B. On March 1, 2012, Plaintiff A entered into a contract for a construction project (hereinafter “first construction project”) with the representative of the Defendant designating KRW 75,583,00 for the cost of remodelling H kindergarten located in Daegu-gu, Daegu-gu, which was operated by the Defendant, and received KRW 20,000,000 out of the price of construction on June 26, 2013.

C. In around 2011, E, the representative of the Defendant, as a result of the construction of the Daegu 4nd circular cycle, becomes a fractional part of the Defendant’s temple building, entered into a construction contract with the Plaintiff, setting the construction cost as KRW 32,775,820 on the ground that the instant construction project and the instant construction project are located within the radius of the inspection of the Defendant, namely, the instant building site (hereinafter “the instant construction contract”).

On June 24, 2013, the Defendant agreed to receive KRW 32,775,820 as the agreed amount of compensation between Tae Young Construction Co., Ltd., a contractor of the tunnel construction project, and on the same day, the Plaintiff agreed to pay KRW 32,775,820 as the contract price under the second construction contract between the Plaintiff and Tae Young Construction Co., Ltd. on July 30, 2013.

On the other hand, Tae Young Construction Co., Ltd. paid KRW 32,775,820 to the Defendant on July 23, 2013, and thereafter, the Defendant directly paid KRW 9,712,120 out of the amount of the second construction contract to Plaintiff A’s subcontractor.

E. Around April 2012, Plaintiff B entered into a contract for a construction project with the representative E for the construction cost of KRW 27,000,000 for the construction work, including landscaping, embankment, and parking lot, of the Defendant temple (hereinafter “third construction contract”).

F. On February 3, 2013, Plaintiff C’s housing located in the Daegu-gu, Daegu-gu, which is owned by the Defendant between E and E representing the Defendant.

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