logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.06.14 2016나107460
추심금
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

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is written as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 4 of the decision of the court of first instance, "the defendant cannot set up against the plaintiff due to its payment" in Section 1 of Section 4 of the decision of the court of first instance, "the defendant cannot set up against the plaintiff by its payment, and even if not, the defendant's amount of the completed portion paid to the Jeju Construction Corporation, which is a third party, is merely KRW 50 million for May 5, 200, KRW 520,000 for the above completed portion paid to the third party, and it is merely KRW 494,170,000 for the defendant of the 5,6th six-month construction ( KRW 610,450, KRW 706, KRW 803,719,734) - ( KRW 500,000, KRW 520,000,000 for the above completed portion paid to the third party)."

Part 4 of the decision of the first instance court, the "Witness B" in Part 10 shall be applied to "Witness D".

On May 30, 2014, part 4 of the judgment of the first instance court, “The construction of the instant case was performed after May 30, 2014, which agreed to terminate the instant subcontract agreement with the Defendant” was followed by the following: “The construction of the instant case was performed after May 30, 2014, whether the Defendant had a claim for the payment for completed portion for the sixth and seventh months by performing the instant construction work after May 30, 2014.”

On the 6th of the judgment of the first instance court, the phrase “other Gap evidence 5 and 6” is as follows: “The evidence Nos. 5 through 8, 12, Eul evidence No. 26-1 through 3, IBK Bank for the first instance, IBK Bank for the Korean Bank, and IBK Bank for the first instance.”

2. As such, the plaintiff's claim should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

arrow