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(영문) 서울중앙지방법원 2015.11.06 2015나29083
공사대금
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

The Plaintiff owned the claim for the remainder of the construction work as the interior claim amounting to KRW 76,570,000 against Nonparty D and Nonparty Co., Ltd., Ltd., the Defendant’s wife C, but asserts to the effect that the Defendant took over or guaranteed the aforementioned remainder of construction work together.

According to each statement of evidence Nos. 2 through 6, and 12 (including the number of pages), the defendant is the representative of F corporation established for the purpose of avoiding the execution of seizure against E. The defendant, the representative G of the plaintiff, who disposes of personal property, such as the real estate owned by the defendant, made several times the statement to the effect that the defendant would settle the non-party company's obligation to pay the non-party company's remainder of the construction payment, even if he disposes of his personal property, such as the real estate owned by the defendant, on November 12, 2012, and that the F corporation deposited KRW 5 million to the plaintiff on November 12, 2012, it is recognized that the above fact of recognition alone accepted the above obligation for the remainder of the construction

It is insufficient to recognize that such guarantee was granted, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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