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(영문) 부산고등법원 2015.01.27 2014나1522

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "A witness of the first instance court" of Part 3, 12, 3, 4, 4 to 9, 4, 4, 4, 5, 5, 5, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, 15, 7, 7, 7, 7, 15, 7, 7, 4, 7, 7, 4, 7, 4, 7, 7, 7, 1, 7, 7, 1, 7, 1, 7, 7, 1, 7, 7, 1, 2, 2, 2, 1, 3, 3, 3, 3, 3, 5, 4, 1, 5, 1, 1, 5, 1, 2, 1, 1, 1, 1.

In addition, it is not sufficient to recognize that the defendant's signature and seal on the part of the defendant, and the testimony of witness G of the first instance trial alone is insufficient to recognize that he prepared the claim for the wage of this case, despite the testimony of the opposing purpose of witness I of the party in the trial, so it is difficult to believe the contents of the settlement stated in the claim for wage of this case as it is, and there is no evidence to support that the plaintiff and the defendant have committed the settlement amount related to the first construction of this case as KRW

Therefore, under the agreement of the original defendant, the plaintiff's claim for the payment of the unpaid payment under the premise that the settlement of the accrued construction cost of the first construction in this case was made according to the claim for the wage in this case cannot be accepted.

In addition, according to the testimony of the witness G and witness I of the first instance trial, I is recognized that I borrowed 6 million won from the plaintiff.

However, each of the above evidence alone is difficult to view that the defendant borrowed the above money from the plaintiff through I, and it is different.