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(영문) 부산고등법원 2015.07.15 2015나656

구상금 등

Text

1.The judgment of the first instance court, including a claim extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is that the reasoning for the judgment of the court of first instance is that of the corresponding part of the judgment of the court of first instance, except for the dismissal or addition of each of the following items, and therefore, they are cited by the text of Article 420 of the Civil Procedure Act

In the last parallels not more than the second parallels, "Defendant Cranto Co., Ltd." shall be deemed to be "Defendant", and "Defendant Cranto" in the third parallels not more than 1 shall be deemed to be "Defendant".

On the 3rd 18th Do Construction Co., Ltd. (hereinafter referred to as “Defendant Do Construction”) in the first instance trial, Co.,Defendant Do Construction Co., Ltd. (hereinafter referred to as “On the 18th Do Construction”), and Defendant 18th Do Construction “Nedo Construction,” respectively.

Part 4, Chapters 16 through 19, “ 4,” below, shall be put in order as part “,” . (4) the Defendant received a refund of KRW 24,850,000 for the remainder other than the portion of the ice package construction actually constructed by the Defendant, from the present Do Construction on December 24, 2010, from the present Do Construction to the present Do Construction on December 24, 2010. The part “ below 5,” shall be added to the part “.”

4) In addition, as Ulsan District Court Decision 2013Gau46194, Y filed a lawsuit against the Plaintiff seeking payment of KRW 11,900,000, including the rent, etc. of the construction machinery in relation to the instant construction work, and damages for delay thereof, and received a favorable judgment on May 13, 2014, and the Plaintiff filed an appeal on May 27, 2014.

On the other hand, on July 10, 2014, the Plaintiff agreed to pay the sum of the rent of the construction machinery and the costs of lawsuit KRW 14 million to the account in the name of Y on the same day.

According to these agreements, the above judgment became final and conclusive by withdrawing an appeal on July 14, 2014.

Part 5, 14, and 15 [Grounds for Recognition] Part 14, and 15 shall be followed as the following part:

H. The defendant's closure of business and the defendant.