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(영문) 대구지방법원서부지원 2014.01.23 2012가합830
공사대금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 28,691,550 to the Defendant (Counterclaim Plaintiff) and its related amount from December 20, 2013 to January 23, 2014.

Reasons

1. Basic facts

A. The plaintiff is a temple belonging to the Korea Buddhist Cho Jae-sung, and the defendant is a business owner who runs a business chain, which engages in the production and supply of stone sculptures, such as Buddhist, etc.

B. (1) On April 16, 1993, the Plaintiff and the Defendant concluded a construction contract with the content that the construction cost shall be KRW 609,292,500 (the contract amount shall be KRW 50 million, the remainder of the construction cost shall be paid according to the progress of construction in accordance with a separate payment agreement) and the construction period shall be from April 16, 1993 to April 16, 1995, and the construction contract with the content that the Plaintiff will produce and install stone sculptures, etc. within the Plaintiff’s border (hereinafter “original construction contract of this case”).

D. While the Defendant made a stone view under the original construction contract of this case, the content of the contract was modified at the Plaintiff’s request, and the content of the contract was modified to add some items.

(hereinafter “instant final construction contract”). Around 1996, the Defendant completed the production of a considerable portion of tin in accordance with the instant final construction contract. However, around 1997, the Plaintiff was not established upon the Plaintiff’s request for the postponement of installation. From December 2, 2011 to December 19, 2011, some items were installed within the Plaintiff’s border.

x. Articles currently installed and not performed within the plaintiff's racing are as follows:

㈎ 설치된 품목 ① 주불(연화대, 기단, 두탑상륜 포함) ② 지장 22불(좌대석 포함) ③ 협신불 2불(좌대석, 기단 포함) ④ 용기둥 2기(받침 포함) ⑤ 사자상 2기 ㈏ 이행되지 아니한 품목 ① 건축석(벽채건식, 불단바닥, 참배석 일체) ② 불전함 4기 ③ 연마석등 2기 ④ 향로 1기 ⑤ 신장(9자) 2불 ⑥ 바닥석(수입홍석, 면사이 400사이) ⑦ 경계석(황등석) ⑧ 정면도 ⑸ 한편, 이 사건 원공사계약에는 평풍석의 설치 및 평풍석 제작을 위한 모형도에 관한 내용이 포함되어 있었으나, 이후 원고와...

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