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(영문) 서울고등법원 2019.02.15 2018나2033693

공사대금

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The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

The costs of the lawsuit after the appeal are filed.

Reasons

1. As to the cited part of the instant case, our court’s reasoning is the same as the part concerning the reasoning of the judgment of the first instance except for the following additional parts, and thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The Plaintiff’s assertion added at the trial of the trial and the judgment thereof are selective grounds for a claim. As such, as Defendant financial company’s employees directly borrow KRW 1 billion, Defendant financial company promised to pay at least the amount of money deposited into the account in the name of Defendant financial company as if it was liable for the return thereof, and deposited it in the account in the name of Defendant financial company separate from the trust account, and paid the construction money. As security for repayment, Defendant financial company transferred part of H’s priority interest securities to the Plaintiff as security for payment, and issued the Plaintiff as the third beneficiary and the second beneficiary. The above beneficiary interest securities were issued for the purpose of securing the claim KRW 7 billion of the construction fund agreement of H which already ceased to be repaid, and issued for the purpose of securing the amount of KRW 7 billion, which is the most valid, and at least, Defendant financial company’s promise to pay increased amount of money to the Plaintiff for an increase in the construction fund and did not directly induce the Plaintiff to pay the increased amount of money to the Plaintiff as a result of an increase in the construction fund or a trust agreement, which did not directly mislead the Plaintiff’s.

The plaintiff is on the grounds of appeal.