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(영문) 광주지방법원 2021.01.29 2020나52954
용역비
Text

All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim of this case are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. The grounds asserted by the Defendant in this court are not significantly different from the allegations in the first instance court, and the recognition and determination of facts in the first instance court is deemed legitimate even if the evidence submitted in the first instance court and the additional evidence added in this court are integrated.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the first instance except for the partial dismissal as follows. Thus, this court's reasoning is acceptable by the main text of Article 420 of the Civil Procedure Act.

No. 2 of the judgment of the court of first instance, "The price of KRW 427,50,000" was "The price of KRW 427,50,000 (including value added tax)" in the first sentence from No. 2 of the judgment of the court of first instance to "the price of KRW 427,50,000".

The third page 7 of the first instance judgment, “The Defendant received an application for deliberation on design by May 11, 2018,” and “the Plaintiff received an application for deliberation on construction design on May 8, 2018, and the Defendant made an application to the Plaintiff by May 11, 2018.”

Part 11 to 14 of the judgment of the court of first instance, on the 3rd side of the judgment of the court of first instance, "Ra" shall be added as follows:

"D."

Meanwhile, in order to establish E facilities to be constructed on the instant land, separate from the application for building permission for buildings, the establishment of E facilities should be approved pursuant to the Act on Promotion of Industrial Cluster and Establishment of Factories. The business of approving the establishment of E facilities on the instant land was in charge of Seopo-si Economic Job Division.

On November 22, 2018, Seopo-si rejected the Plaintiff’s application for a building design on the ground that he/she failed to comply with the supplement of the application for approval under the Act on the Promotion of Industrial Cluster and Establishment of Factories.

"The ground for recognition - - Nos. 15 of the first instance judgment [the ground for recognition] 1 through 5, Eul evidence Nos. 3, witness J, and the purport of the whole pleadings" are as follows: "No dispute over [the ground for recognition]; Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3; Eul evidence Nos. 1 and 1 and 3; testimony by the witness of the first instance court and the purport of the whole pleadings".

Part 6 to 8 of the first instance judgment "C" shall be written as follows.

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