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(영문) 대구고등법원 2019.04.25 2018나24951
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 2 of the judgment of the court of first instance, 18-19 of the second 18-19 of the judgment of the court of first instance, "the business was transferred, and the business was modified," was transferred to "the business."

The 5th 10 to 13th 13 of the judgment of the court of first instance was sentenced to the Daegu District Court ("3th 10 to 13th am in progress in the final appeal), and the 3th am the following parts. B was sentenced to imprisonment for eight months on April 20, 2018 due to criminal facts, such as forgery and uttering of the first am in the instant case (Seoul District Court Decision 2017Da327, 601 (Joint), 875 (Joint))). Accordingly, B appealed appealed with the Daegu District Court 2018No1524 on August 17, 2018, but the final appeal was dismissed on October 12, 2018, and each of the first am the first 1 to 17th am the first am in the final appeal judgment."

"The No.S.I.D. was convicted of the charge of fabrication of private documents and the crime in the event of the No.S.I. of this case."

3. The portion determined additionally by this Court

A. The Defendant asserts that “The owner of the instant loan site and the owner of the building permit are merely the owner of the instant loan site for the purpose of securing complex loans, and there was no intention to become a party to the instant construction contract, and thus, there was no liability to pay the construction price in the instant case.”

However, in light of the various circumstances described in the 7th parallel 6th parallel 7 to 12th parallel 12 pages cited earlier, as alleged by the Defendant, the owner of the instant loan site in form for the security of the loan.

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