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(영문) 서울동부지방법원 2020.11.18 2020나21949
공사대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, except for the part added as follows in paragraph (2) below, and thus, citing the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The additional part of the Defendant asserts that the Plaintiff is not the Plaintiff, but E Co., Ltd., and thus, the Plaintiff cannot accept the Plaintiff’s claim. Therefore, it is insufficient to recognize that the Plaintiff is not the Plaintiff as a party to the said contract (Evidence A6) and the payment angle (Evidence A2) dated August 10, 2017 by the obligee of the said construction cost, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion cannot be accepted.

In addition, the defendant transferred the claim amount of KRW 50,00,000 to F on August 7, 2018, and the defendant paid KRW 10,000,000 among them to F on October 30, 2018. Thus, the plaintiff alleged that the unpaid construction price does not remain. Thus, the plaintiff's claim for the payment of KRW 10,00,000 among them is not accepted. Thus, the plaintiff's claim for payment of KRW 10,000,00 among the above construction price was not accepted in light of the following facts and circumstances, namely, the plaintiff and the defendant's claim for payment of KRW 1,00,000,000,000, and all of the plaintiff's claims for payment of KRW 10,000,000,000,000,000 to F on November 27, 2018.

Therefore, the defendant's status.

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