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(영문) 수원지방법원 2016.03.30 2015나30425

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Defendant.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following to the basic facts among the grounds of the judgment of the court of first instance, and thus, it is consistent with the main text of Article 420 of the Civil Procedure Act.

F. On July 1, 2013, the Plaintiff concluded a contract for the transfer of business with the content that the Plaintiff comprehensively transfers all the Plaintiff’s assets and business to the Intervenor succeeding to the Plaintiff.

[Reasons for Recognition] 21 and 22 Evidence A

2. The conclusion is that the plaintiff succeeding intervenor's claim of the principal lawsuit against the defendant is justified within the scope of the first instance court's recognition, and the remainder of the principal lawsuit and the counterclaim against the plaintiff succeeding intervenor shall be dismissed as it is without merit. In the first instance court's decision that the defendant shall be ordered to pay the money to the plaintiff succeeding intervenor upon the plaintiff succeeding intervenor's participation. It is so decided as per Disposition by the assent of the first instance court.