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(영문) 대구고등법원 2017.02.09 2015나22626

채무부존재확인

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1. Of the part concerning the main lawsuit of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) that orders payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The plaintiff filed a complaint seeking confirmation that there is no obligation against the defendant under each contract entered in the separate sheet, and the first instance court rendered a judgment citing both the plaintiff's claim on the above part.

However, the defendant filed an appeal on the whole claim of the above part, but withdrawn an appeal on the part concerning each contract as specified in the separate sheet Nos. 1 through 4, 9, 10, and 11 among the part concerning the main claim of the judgment of the court of first instance at the date of the first instance, and thus, the part concerning each contract as specified in the separate sheet Nos. 1 through 4, 9, 10, and 11 among the part concerning the confirmation claim of the plaintiff's main claim shall be excluded from the scope of the trial

2. The facts following the facts of recognition do not conflict between the parties, or can be found in full view of Gap's statements and images, Gap's evidence Nos. 1 through 35, 41 through 62, 65, 66, 78, 79, Eul's evidence Nos. 1, 3, 4, 6, 58 through 64, 66 through 68 (including all of them, if there are serial numbers; hereinafter the same shall apply), AD of the first instance court, and AE's testimony.

1) The Plaintiff is a legal entity engaged in manufacturing and selling industrial machinery, manufacturing and installing steel structures, etc., and mainly Co., Ltd. (hereinafter “C”).

(D) Co., Ltd. (former trade name: E Co., Ltd. and hereinafter referred to as “D” in total;

(2) From February 2012, the Defendant traded in the form of manufacturing and supplying steel structures, industrial machinery, etc. by being awarded a contract with the Plaintiff for the manufacture of metal structures, windows, construction works, steel products manufacturing and installation works, etc.

B. The Plaintiff, including the conclusion of a contract for the production and supply of goods.