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(영문) 수원지방법원 2015.11.11 2014나12994
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) Construction contracts and subcontracting contracts are concluded only as small and medium comprehensive construction companies (hereinafter “small and medium comprehensive construction”).

(2) On September 20, 2010, the Plaintiff received KRW 2,002,00,000 (including value-added tax) between the Defendant and the construction price and the Defendant and the Defendant, and the Defendant church located in D at Won-si from September 27, 2010 to February 10, 2011, to remodel the existing headquarters of the Defendant church and extend the C Center building (hereinafter referred to as “instant construction”).

(2) On March 2, 2011, the Plaintiff entered into a subcontract with the content that the Plaintiff would undertake construction works of reinforced concrete construction among the instant construction works by receiving construction cost of KRW 164,329,00 (including value-added tax) from February 22, 2011 to April 30, 2011.

B. The occurrence of a fire accident, the amount of damage of the Defendant church, and the payment of insurance money 1) The construction of a so-called so-called so-called so-called “the instant fire” was subcontracted to the F company with the outer wall operation during the instant construction, and due to the occupational negligence of the employees belonging to the F Company, the fire on April 11, 2011 (hereinafter “instant fire

(2) The value of the building of the defendant church extinguished due to the fire of this case was KRW 613,260,661, and the cost of removing the remaining property due to the fire of this case was KRW 188,563,623, KRW 265,790,094, and the sum of the damages of the defendant was KRW 1,067,614, KRW 18,563,623 + KRW 265,790,094, and KRW 1,067,614,61 + KRW 618,563,623 + KRW 265,790,094).

3) Meanwhile, on March 24, 2010, G pastors, the Defendant’s representative, concluded a fire mutual-aid insurance contract (460,000,000, and 100,000,000, which entered into a mutual-aid agreement with the National Agricultural Cooperative Federation for the defendant’s church buildings and fixtures (the amount of the mutual-aid agreement for the building, and the amount of the mutual-aid agreement for the house fixtures. On May 26, 201, the said fire occurred from the National Agricultural Cooperative Federation.

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