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(영문) 대구고등법원 2018.12.20 2018나22047
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is that of the court of first instance citing the reasoning of the judgment as to the instant case, since it is identical to the ground of the judgment of the court of first instance excluding adding or adding a part of the following. Thus, it is citing this as it is

2. The following shall be added to a part which is added or added, following four pages of the first instance judgment:

A witness I of the first instance court that the Plaintiff applied for as the chief of the F headquarters, “The Plaintiff and the Defendant agreed on several issues concerning the payment of the construction cost, but there was an objection to the amount of the construction cost,” and the Defendant offered that “When investing KRW 1. billion, the Plaintiff will return KRW 2 billion by adding up the construction cost, etc.” but the Plaintiff refused to agree with the Plaintiff “ how to believe that 60 million won will not be guaranteed, i.e., giving money and to trust,” and thus, did not reach an agreement between the Plaintiff and the Defendant.” Furthermore, even in addition to the description or image of the evidence No. 14 submitted by the Plaintiff in this court, it is difficult to recognize the Plaintiff’s assertion that this part of the Plaintiff was alleged.” 5-18 of the first instance court’s 5th five-18 portion of the judgment of the first instance court, “In respect of the allegation of the contract for a third party,” as follows.

(B) As to the Plaintiff’s assertion of contract for a third party, G of the instant public auction notification, “The purchaser shall accept the status of the public auction goods as it is, and the organization of the existing interested parties (including lien, etc.) shall be responsible for the buyer.”

The above notice of public auction provision was also included in the instant sales contract between the defendant and G which was concluded thereafter.

Since the provisions of the sales contract are the contract for the third party and the plaintiff, the beneficiary, expressed his/her intent to make profits to the defendant, the defendant is obligated to pay the plaintiff the payment for the construction work of this case secured by the lien.

2. On the instant public auction, determination is made.

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