공사대금 등
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The first instance court rendered the judgment of the first instance court which cited KRW 6,730,00 among the claims for a principal claim and KRW 18,602,00 among the claims for a loan and KRW 18,60,000 among the claims for a construction cost stated in the claim.
(1) The Plaintiff, the Defendant, and the Co-Defendant D Co-Defendant B of the first instance trial (hereinafter “D”) filed an appeal against each part of the judgment of the first instance.
However, the Plaintiff and D withdrawn an appeal against each other, and the presiding judge of the first instance court did not comply with the order of correction to pay recognition, etc., ordered the Plaintiff to dismiss the petition of appeal against the Defendant and the co-defendant B of the first instance court, and the said order became final and conclusive as it is.
Therefore, the scope of this Court's judgment is limited to the part (6,730,000 won) cited in the loan claims in this Court.
2. Determination as to loan claims
(a) The facts below the basis of facts do not conflict between the parties, or may be acknowledged by considering the overall purport of the pleadings as a whole with respect to Gap evidence Nos. 1, 10, and Eul evidence Nos. 1 (including the number), and Eul evidence Nos. 1, 10, and the order of the court of first instance to submit financial transaction information to Leecheon Branch Office
1) The Defendant appears to have actually carried out the construction work under the name of D. The construction work between Section D and Section B is deemed to have been carried out by the Plaintiff. The construction work involving the construction work involving the construction of a 6-story building on the land E and F land owned by the joint Defendant of the first instance trial, the father of the father around April 20, 201 (hereinafter “instant construction work”).
(2) The Defendant has received a loan from the National Bank Co., Ltd. (hereinafter “National Bank”) and paid the construction cost.
3. From the agricultural bank account of P living together with the Plaintiff, the Defendant’s national bank account of June 8, 201 to the Defendant’s national bank account, KRW 400,000, and KRW 301.