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(영문) 대법원 2020.05.14 2019다47578
공사대금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In full view of the circumstances stated in its reasoning, the lower court acknowledged that the Plaintiff anticipated the closure of the business of D, and requested the Defendant to pay the outstanding amount, and that the Defendant voluntarily signed on the specifications of the outstanding amount, and determined that the Defendant is liable to pay the outstanding amount to the Plaintiff.

The allegation in the grounds of appeal disputing the fact-finding, which is the basis of the judgment of the court below, is nothing more than an error of the selection of evidence and examination of evidence belonging to the free trial of the fact-finding court, and thus, cannot be a legitimate ground

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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