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(영문) 울산지방법원 2017.11.23 2017나21121

공사대금

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 for this Court’s explanation is as follows: ① the ground for the recognition of the second part of the judgment of the court of first instance (the ground for the recognition of the second part of the judgment) and ② the ground for the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance, except for addition of the determination of the new argument in the trial.

① The Defendant asserts that, in collusion with D, the Plaintiff makes a false claim for the instant lawsuit, even though the construction cost related to the instant construction project is fully paid and settled and the construction cost pursuant to the instant contract does not exist, the Plaintiff made a false claim, according to the following: (a) there exists no dispute; (b) Gap evidence Nos. 1 and 2; and (c) Gap evidence Nos. 1 and 2 (the Defendant denies the authenticity of the evidence Nos. 3; (d) evidence Nos. 3; and (e) evidence Nos. 1 and F witness of the first instance trial; and (b) the purport of the entire pleadings; and (b) the purport of the entire argument.

The evidence No. 6 (Certificate) is merely a document confirming that F, the actual owner, did not have any payment for the construction work of this case as of February 18, 2016, and thus, it is insufficient to consider the construction work of this case as the ground for the fact that the construction work of this case is false. In addition, the entry of evidence Nos. 4 and 5 (total Certificate of Registered Matters of Each Real Estate) and the testimony of witness F, as of the trial witness No. 6, are insufficient to recognize the above assertion, and there is no other evidence to acknowledge it, and the above assertion is without merit.

2. If so, the judgment of the court of first instance is legitimate with this conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.