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(영문) 서울남부지방법원 2019.04.18 2018나62162
약정금
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. A person who is the fourth side of the judgment of the court of first instance for the reasons stated in this part of the recognition.

With the exception that the content below is modified as follows, the "1. Facts recognized" as the reasoning of the judgment of the court of first instance is the same as the statement, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act

(i) On December 20, 2017, around 17:40 to 18:03, when the Plaintiff’s employees G and the Defendant’s employees FF were present, two measurement devices with respect to Adong 3, which were first introduced (the measuring instruments by the Defendant and the measuring instruments by the Defendant’s measuring instruments) were conducted.

However, the results have different depending on the wheel and measuring instruments, and some results have been measured to be consistent with the contract standards, 32rd or lower, the speed of which is 6m or less.

In addition, the other column of the “vibration inspection report” stating the result of the measurement is indicated as “the suspension of the operation of Megaling (the operation of 4EA oil on the part of the Megaling)”.

This case's sexual records hereinafter referred to as the above sexual records

F and G have signed it.

The results of the measurement of the dust and the truth stated in the records of the instant case are as follows.

JB B

(j) On the other hand, on December 21, 2017, the Plaintiff’s senior supervisor sent the Defendant’s representative director of the new wall to the effect that “The Plaintiff’s senior director sent to H a letter-to-door 4, 2017 newly established on December 20, 2017, as a result of self-measurement, that “the Plaintiff’s senior supervisor visit and check it to the A.M. and check it.” On the other hand, H notified the termination of the instant maintenance contract as of December 21, 2017, when he was in receipt of the said letter-to-face page and did not visit.

On January 2, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking the agreed amount under paragraph (4).

(k) Upon the Plaintiff’s application, the court of first instance held an appraiser I to have the Plaintiff’s first sewage treatment equipment A, 3, and B 4 equipment located in the Plaintiff’s first sewage treatment plant.

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