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(영문) 서울고등법원 2015.02.11 2014나43375
공사대금 등
Text

1. The plaintiff's appeal and the selective claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows, and the plaintiff’s selective claims added in the trial are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in Paragraph 2 below with respect to the selective claims added in the trial of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of

Part 2, 10 of the judgment of the first instance court, "the defendant" is "the Hansung Engineering Co., Ltd. (hereinafter referred to as "the Hansung Engineering") and the defendant"; 10-11 of the same page "the Hansung Engineering Co., Ltd. (hereinafter referred to as "the defendant Hansung") and below "the Hansung Engineering" are all " Hansung Engineering"; 2, 11-12 of the second page "the defendant B Co., Ltd. (hereinafter referred to as "the defendant B") and below "the defendant B" are all "the defendant".

At the bottom of the 5th page, “A evidence Nos. 11-2, 3, 12, and 13 are added to “A’s testimony as a witness of the trial court”.

From 6th to 6th to 3rd under the same side, “Defendant B,” up to 5th to 6th to 5th below, was paid the construction cost from Hansung Engineering in accordance with the agreement that the Defendant would have received the construction cost from Hansung Engineering, namely, the contract and the agreement with the Plaintiff, and that it would vest in the Plaintiff after the completion of the settlement of accounts, for profits other than its own management expenses, taxes and public charges, and thus, the Defendant would not be deemed to have obtained a benefit equivalent to the reserved amount, on the ground that the Defendant reserved part of the paid amount and transferred the remainder to the Han Bank Account managed by the Plaintiff, and that the remainder was transferred to the Han Bank Account managed by the Plaintiff.

2. Determination on the claim for agreed amount

A. The plaintiff's assertion that the construction price under the contract of this case (hereinafter "construction price of this case") is paid to the new bank account under the name of the defendant, and the full amount thereof is managed by the plaintiff.

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