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(영문) 서울중앙지방법원 2015.06.26 2014나61196
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of section 4, section 14, and section 17, of the judgment of the court of first instance as follows. Thus, it shall be cited as it is by the text of Article 420 of the Civil Procedure Act.

In addition, the Plaintiff approved the issuance of each tax invoice by issuing each tax invoice to the Defendant for the amount of KRW 84,150,000 as of July 31, 2012 and the amount of KRW 116,160,00 as of September 30, 2012. The Defendant did not pay KRW 200,310,000 to the Plaintiff at the time. The Defendant changed the assignment contract of KRW 160,000 to transfer only the amount of KRW 160,000 to the previous contract between the Plaintiff and the Plaintiff on October 2012, the Defendant did not execute the above agreement notwithstanding the agreement to pay KRW 49,109,938 as to the Plaintiff’s obligation to pay for the materials business operator in lieu of the amount of KRW 169,100,00.

According to the evidence evidence No. 6, the Plaintiff issued each tax invoice to the Defendant, claiming KRW 84,150,000 on July 31, 2012, and KRW 116,160,00 on September 30, 2012. However, each of the above facts of recognition and evidence No. 9, and No. 12 on September 30, 2012, the Plaintiff agreed between the Plaintiff and the Defendant as asserted by the Plaintiff.

It is insufficient to recognize that the defendant approved the payment of the claim amount under each tax invoice, and there is no other evidence to acknowledge it.

2. If so, the part concerning the claim for 16,631,120 won among the lawsuit in this case and damages for delay thereof are dismissed as unlawful, and the remainder of the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is justified as it is with this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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