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(영문) 대구고등법원 2019.04.25 2018나24227

매매대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the court’s judgment is identical to the ground of the judgment of the court of first instance excluding adding or adding some of the contents as set forth below and adding the judgment of this court. Thus, this is acceptable in accordance with the main sentence of Article 420 of the

2. The 3rd written judgment of the court of first instance in a part added or used by adding "(c)" to "(d)."

The fifth five-party 17 written judgment of the court of first instance was "B No. 17-1" and "B No. 37-1."

The following shall be added to the 7th written judgment of the first instance. The 5th written judgment of the court of first instance is sufficient.

“The Plaintiff alleged that, even if the unpaid construction price for G was KRW 4,540,00,00, the Plaintiff was 182,730,000,000, the Plaintiff deducted the unpaid construction price from KRW 300,000,000 for the purchase price of the instant land and buildings, and, in consideration of the circumstances that may arise in the future, there was a possibility that the additional construction price for equipment could occur, the Plaintiff prepared the above receipt (Evidence 1) at the Defendant’s request for a loan to a financial institution, but there is no evidence to acknowledge this.”

3. The Plaintiff asserts that “The part determined additionally by this Court” means that “The construction price of machinery that G is required to receive from H and I at the time of the instant sales contract and the sales contract with H and I is a total of KRW 1,203,40,000, and H and I paid KRW 1,198,860,000 to G from April 23, 2015 to May 18, 2016, and the remaining price is equal to KRW 4,540,00,000, and thus, it cannot be deemed that there was an agreement that the down payment of KRW 300,000,000 as stipulated in the instant sales contract and C’s sales contract in lieu of the remainder of the payment of the remainder of the construction claim.”

However, considering the circumstances as seen earlier, the evidence submitted by the Plaintiff, including the evidence Nos. 8 and 9 (including the serial number), is alone the Plaintiff.