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(영문) 대전고등법원 2017.12.06 2017나12408
공사대금
Text

1. Of the judgment of the court of first instance, the part on Defendant 00 integrated construction company is revoked, and the Plaintiff’s above Defendant is against it.

Reasons

1. The first instance court dismissed the main claim against the Defendant B at the end of the consolidated proceedings, and only the said Defendant appealed against the judgment accepting only a part of the conjunctive claim.

In such a case, the effect of the objection by the appeal shall be naturally included in the entire case against the defendant B, and the main claim against the above defendant shall also be transferred to the appellate court. However, the scope of the appeal shall be limited to the scope of the objection of the above defendant regardless of this, and it shall be limited to the legitimacy of the part of the judgment of the first instance which partially accepted the conjunctive claim, and unless the plaintiff has an incidental appeal, the main claim against the above defendant shall not be subject

(See Supreme Court Decision 94Da31624 delivered on February 10, 1995). Therefore, the primary claim against the above defendant shall be excluded from the subject matter of adjudication in this Court.

2. Basic facts

A. 1) The Plaintiff is running a construction business, such as construction and civil engineering work, with the trade name of “C”. 2) Defendant B operates a mutually agreed company as “D.” On November 10, 2015, Defendant B is the implementer of the instant construction project (hereinafter “instant project”). Defendant 00,000,000 won and KRW 2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,0000,000,000,000,000,00,000.

(2) The Plaintiff concluded the instant construction contract.

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