(영문) 서울남부지방법원 2020.02.06 2019나666

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.02.06 2019나666

공사대금 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court of first instance dismissed the primary claim against the defendant (claim for Construction Costs based on a construction contract) and accepted the conjunctive claim against the defendant (claim for Construction Costs based on the name-holder's liability), and only the defendant appealed.

Therefore, the scope of trial by the party shall be limited to the legitimacy of the judgment of the court of first instance which accepted the conjunctive claim against the defendant, and the primary claim against the defendant shall be excluded from the object of trial by the party.

2. The grounds for the final judgment on the conjunctive claim against the defendant cited in the judgment of the court of first instance are the same as the corresponding part of the grounds for the judgment of the court of first instance (from No. 3 of the judgment of the court of first instance to the last one), with the exception of adding the following matters, and therefore, they shall be quoted in accordance with the main sentence of Article 420 of

The third part of the third part of the judgment of the court of first instance shall include "total new construction works" into "New Construction works of Gyeongnam-gun C and D Ground Housing".

Part 5 "E" in Part 3 of the judgment of the first instance shall be added to "Fence of July 20, 2016" following.

Part 3 of the judgment of the first instance court is recognized" in Part 9 of the judgment of the third instance. "In the case of related civil cases (in the case of Busan District Court 2017Dahap47829, Busan High Court 2018Na58724, F is the contractor of the contract for the said new construction, and the defendant who is a general constructor is the contractor and the name holder who borrowed the name to F, and the judgment became final and conclusive October 9, 2019)" is added.

On the third side of the decision of the first instance court, the following shall be added.

The Defendant asserted in the trial that “A new construction work is a partner who carried out the said new construction work together with F, and thus is not liable to pay the Plaintiff the construction cost under the instant contract, and thus, is not obligated to pay the Plaintiff the construction cost.”

On the other hand, the defendant tried to carry out the F and the F and the F & F Construction as alleged by the defendant.

참조조문

-민사소송법 제420조

유사 판례

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