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(영문) 광주고등법원 2015.11.27 2015나259
공사대금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial and the defendant's appeal are all dismissed.

2. Appeal;

Reasons

1. The reasoning of the judgment of the court of first instance cited “the completion of August 31, 201” as “the completion of August 13, 201” in Part III of the judgment of the court of first instance, and the evidence additionally submitted at the court of first instance, which is insufficient to recognize the assertion of the claim rejected in the judgment of the court of first instance. The witness A’s testimony of the court of first instance is dismissed, and the plaintiff’s new claim at the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the new claim at the court of first instance as follows. Thus, it is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. In a new claim at the trial, the Plaintiff generally takes place the transaction amount at the ratio of KRW 10 billion per 100 million to the company that mainly engages in electrical construction business when transferring the company. Since the total amount of KRW 683,830,00 at the time of the merger of the construction of identity reaches KRW 683,830,00, the transaction value of the company is KRW 68,800,000, and the Defendant demanded the additional payment, which is the transfer value calculated by the construction of identity, against the Defendant, the above amount of the company's transaction value is KRW 68,00,000,000, and there is no obvious evidence to acknowledge the allegation.

3. If so, the decision of the court of first instance is legitimate, and thus, the plaintiff's appeal and the defendant's appeal, and the plaintiff's additional claim in the trial of the party is dismissed as it is without merit. It is so decided as per Disposition.

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