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(영문) 의정부지방법원 2019.07.25 2019나200745
공사대금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. The defendants.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except for dismissal or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. Of the reasoning of the judgment of the court of first instance, each of the "defendants" in the 4th, 8th, 5th, 7th, 2nd, and 17th, shall be charged to "Defendants" and the remaining "Defendants" shall be charged to "the network B" in whole.

B. The following is added to the third and third sides of the judgment of the first instance.

H. “The deceased on February 1, 2019.” The deceased on February 1, 2019, and the inheritor is Defendant K, Defendant L, and M.

C. The following is added to the fourth and seventh pages of the judgment of the first instance.

“4) However, since the network B died on February 1, 2019, the Defendants, the inheritor, inherited the above debt of the network B according to the shares of inheritance (Defendant K3/7, Defendant L, and M 2/7), and the Defendants are obliged to pay to the Plaintiff the amount equivalent to the shares of inheritance out of the said money.

“”

D. The following is added to the 7th judgment of the court of first instance, which was subsequent to the 20th judgment.

“On the other hand, the Defendants asserted that, in addition to the above loans, the net B lent KRW 16.5 million to G Co., Ltd. on April 5, 2013 at the Plaintiff’s request, KRW 3.3 million to H on the same day, KRW 10 million to H on May 13, 2013, and KRW 37.89 million to H on November 28, 2014. However, in light of the circumstances where the Plaintiff and the network B traded money on several occasions, it is insufficient to recognize that the money transferred by the network B was lent to the Plaintiff, and there is no other evidence to recognize otherwise.”

E. From the 8th judgment of the court of first instance, the 13th to 18th judgment are as follows.

“4) The net B is obligated to pay the Plaintiff the above construction cost of KRW 26,459,00 (=226,459,000), the above loan amount of KRW 200,000,000, and damages for delay.

However, the deceased B died on February 1, 2019.

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