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(영문) 서울고등법원 2015.12.01 2014나2036946

추심금

Text

1. The Plaintiff’s appeal against the Defendants and the Defendants’ appeal are all dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasoning for the court’s explanation as to the instant case is as follows: (a) the reasoning for the court’s explanation as to the instant case is either dismissed or added as described in paragraph (2) below and added to the determination as to the allegations of the Plaintiff and the Defendants added in the trial as described in paragraph (3) below; and (b) the reasoning for the judgment of the court of first instance is as stated in Article 420 of

2. Parts IV to V of the decision of the court of first instance, which dismiss or add, are as follows:

By May 31, 2012, the Cheongtoto Industries ceased to proceed with the subcontracted project in this case by not later than May 31, 2012, and the details of the origin by not later than May 11, 2012, which is the last day of the 6th flag period, are as listed below:

The collection order of the plaintiff's claim and collection order under Section 16 of the judgment of the first instance court is stipulated as "B. The plaintiff's claim and collection order under Section 16 of the judgment of the first instance court."

Part 5 of the judgment of the first instance court, "this Court" is dismissed as "the court of the first instance", and "the result of each fact-finding" in Part 18 of the same Act is added to "the result of this court's fact-finding on August 12, 2015 concerning the good faith of the corporation."

Part VII through IX of the decision of the first instance court is as follows.

B. According to the statement in the evidence Nos. 3 and 4, the validity of the settlement agreement between the Cheongto Industry and the Defendants, the settlement agreement between the Defendant Sungto Construction and the Cheongto Industry, the representative of the joint supply and demand headquarters, provides that the settlement agreement between the Defendant Sung to the end of May 11, 2012, stating that the settlement amount for the construction cost of the subcontracted project in this case shall be 16,28,134,00 won, 3,208, 195,00 won, 251,940,000 won, 2,221,230,000 won, and 0 won, excluding the above settlement amount, shall be deemed to have waived all the rights and obligations to the subcontracted project in this case.