beta
(영문) 부산고등법원(창원) 2020.06.11 2019나11701

공사대금

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 the same as the reasoning of the judgment of the court of first instance, except for the following changes and additions, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the Plaintiff in the appeal do not differ significantly from the contents alleged in the first instance court, and even considering the evidence submitted by the Plaintiff in addition to this court and the testimony of the witness N in the first instance trial, it is not different from the fact-finding and judgment of the first instance court. The second instance court added “Witness C” in the front of the second instance court No. 10 and the “Expert L” in the fifth instance.

Part 2 of the judgment of the first instance, the "G" in Part 16 shall be changed to "O".

Part 2 of the first instance judgment, part 19 and part 3 of the first instance judgment "H" shall be changed to "F", respectively.

The 6th to 8th of the first instance judgment shall be amended as follows.

② The Plaintiff is the lien holder with respect to the land and buildings listed in [Attachment 1, 2] List 1, 2, and the Defendant, as the representative of a legal entity that purchased the said real estate at the auction procedure, becomes aware of each other and completed legal disputes, and the Plaintiff and the Defendant agreed on the partnership business of the instant company as seen earlier on September 14, 2015. The Plaintiff transferred 8,00 shares of the instant company to I following the agreement. The Plaintiff was listed in the company director of the instant company, but the Plaintiff was also involved in the distribution of the sales proceeds of the instant real estate with Defendant and I as well as in the agreement (No. 7) on the distribution of the sales proceeds of the instant real estate and the disposal of the property.

In addition, the plaintiff and the defendant, as the complainant or suspect, stated that the plaintiff and the defendant stated that they are "the relationship between the plaintiff and the defendant operating the company of this case as the partnership business, and in particular, the plaintiff is in breach of trust on October 20, 2016.