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(영문) 광주지방법원 2018.04.06 2016나53325
공사대금
Text

1. Of the judgment of the court of first instance, KRW 20,708,976 against the Plaintiff and its related amount from July 20, 2013 to April 6, 2018.

Reasons

1. Name of a foundation fact: Construction cost of Cridge (E): 21,610,00 won on the completion date of construction works of Cridge (E): Head of C intersection (E) located in F on July 10, 2013: Plaintiff;

A. On July 10, 2013, the Plaintiff concluded the instant construction contract with the Defendant (hereinafter “instant construction contract”).

B. On July 20, 2013, the Plaintiff completed construction works under the above construction contract.

[Ground for Recognition: Unsatisfy, Gap 1 and 2 evidence (including a tentative number; hereinafter the same shall apply)

(2) each entry, witness D's testimony, and the purport of the entire pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 21,610,000 and the damages for delay.

B. (1) The defendant asserts that the contract of this case is not a party to the contract of this case, and the defendant asserts that the party who concluded the contract of this case is E, a separate church established by some of the members of the defendant as representative G, or D, the head of E, and the defendant is not a party to the contract of this case.

In 196, the above macroscopic evidence, Gap's evidence, Eul's evidence, Eul's evidence Nos. 3 through 9, Eul's evidence Nos. 1 and 14 revealed the overall purport of the pleadings, i.e., the defendant newly constructed a church building under the name of "Icopic Association" in the 1996 to the church established in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Gu of Si of Si of Si of 1946, and the above two churches, such as the defendant's attending the above Icopian course, are a single church; ii) the defendant tried to leave the religious order and establish E to leave the church located in C and H around 201 with the retirement age of the Fcopician, which led to conflicts inside and eventually led to the establishment of E; and ③ some of the members who suffered conflicts inside the defendant's inside.

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