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(영문) 제주지방법원 2021.02.19 2016가합11789
공사대금
Text

1. Defendant Incorporated Foundation B: (a) KRW 774,167,733 to the Plaintiff and 6% per annum from May 23, 2015 to February 19, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is engaged in civil engineering works, construction works, etc.

2) The Defendant Foundation is a foundation established to maintain and manage the property B, which is a religious organization, and the Defendant Foundation is a corporation established under the Act on Fostering and Supporting Agricultural and Fishing Enterprises.

3) D) From May 30, 2012 to December 8, 2014, the former representative director of the Defendant Union established by the Defendant Union, from May 30, 2012 to December 9, 2014, and the registration of resignation was completed on December 9, 2014, is the chairman of the E Promotion Committee established by the former representative director of the Defendant Union, B’s believers around 201.

B. On December 28, 201, the Defendant Foundation concluded a contract between the Plaintiff and the Plaintiff under which two religious facilities consisting of E (G) and a living hall on the ground, other than the Plaintiff’s land in Jeju-si, which is owned by the Defendant Foundation (hereinafter “instant religious facilities”), and the elderly facilities consisting of two Dongs of education centers and medical care centers (hereinafter “the instant elderly facilities”) regarding construction contract amounting to 9,60,000,000 (a separate value-added tax), June 30, 2014, the scheduled date of completion of construction, and a contract under which the amount of reward rate of 1/100 is set as KRW 1/100 (hereinafter “1 primary contract”).

2) On January 5, 2012, the Defendant Foundation obtained a building permit from the Jeju Mayor to construct the instant religious facilities and the instant facilities for the elderly and children. On June 5, 2012, the Defendant Foundation obtained a building permit to newly construct the instant religious facilities from the Jeju Mayor by modifying the said permit on June 5, 2012.

(c)

(1) The Defendants agreed to divide the first contract between the Plaintiff and the Defendants on June 2013, 2013 to divide the first contract into two parts, and to divide the total contract amount into KRW 1,000,000 and KRW 8,600,000,000, which has already been paid under the first contract.

2) Accordingly, the Defendant Foundation around that time shall have the land size of H-water sources 3410 square meters in Jeju, I-water sources 2893 square meters, J-water sources 354 square meters in J-water sources.

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