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(영문) 의정부지방법원 2020.12.17 2020나201614
공사대금
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

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

Reasons

1. The grounds for appeal by the plaintiff and the defendant citing the judgment of the court of first instance are not significantly different from each argument by the plaintiff and the defendant in the court of first instance, and the fact-finding and judgment by the court of first instance are justified even if the evidence submitted to this court is added to the evidence

The reasoning of this court's judgment is as stated in the reasoning of the judgment of the first instance except for adding "judgments on the defendant's grounds of appeal" to the following "2." Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's grounds for appeal

A. The defendant asserts to the purport that "the construction work was conducted by adding up the stores of the defendant's store (D) and E (hereinafter "E") located in the C building (However, the construction work was separately calculated), and the defendant's store located in the Ansan F building was also conducted with the interior of the defendant. The contracting party to each of the above interior work (contractor) is G. The plaintiff is only a person who has subcontracted the painting work among the respective interior works, and the defendant is not obligated to pay the construction cost to the plaintiff who is not G."

In light of the following circumstances, it is reasonable to view that the Defendant contracted the above interior work to G and subcontracted the painting work to the Plaintiff, and that it is reasonable to view that the Defendant directly contracted the above interior work to the Plaintiff among the interior work. In light of the following circumstances, it is reasonable to view that the Defendant directly contracted the above interior work to the Plaintiff among the interior work.

(The remainder of the construction works except seals among the above construction works seems to have been directly contracted by the defendant to the different companies by the relevant construction work). Accordingly, the defendant shall pay the construction cost of each painting construction work performed by the plaintiff to the plaintiff.

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