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(영문) 부산지방법원 2020.07.17 2019나55330

정산합의금 청구의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is the same as that of the first instance judgment, except for cases where the case is resolved or added as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 2nd to 4th of the first instance judgment on the part that has been mixd or added shall be as follows.

【4) On January 2018, the Plaintiff had subcontracted (labor contract and materials are borne by the Defendant) the shipbuilding work (hereinafter “instant shipbuilding work”) among the said shipbuilding work. On February 28, 2018, the Plaintiff submitted a written estimate of KRW 219,500,000 for the instant shipbuilding work to the Defendant.

The following shall be added to the third letter of the judgment of the court of first instance, and the fourth letter "each description of Eul Nos. 1 through 13, 15, 16, 17, and 19" shall be changed to "each description of Eul No. 1 through 13, 15, 16, 17, and 19".

(1) The Defendant completed the instant shipbuilding project by re-subcontracting the remaining parts of the instant shipbuilding project to I and J, or by directly employing the human body, and completed the instant shipbuilding project. Around July 6, 2018, the Defendant paid KRW 11,963,050 (including value-added tax) to I on March 27, 2018; and KRW 44,264,000 (including value-added tax) to J on April 17, 2018; and KRW 42,00,000 in total to J (including value-added tax) on May 21, 2018; KRW 32,00,000,000 on May 21, 200, KRW 2032,00,000 on value-added tax on June 25, 2018; and

Under the fifth text of the judgment of the court of first instance, the statement " shall be sufficiently recognized, and each statement of evidence Nos. 34, 35, and 36 shall not be considered any different." The letter of first instance 7 pages 9 through 8 shall be written as follows. 6. 6. 6. The defendant shall have the effect of the agreement and the settlement agreement of this case.