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(영문) 광주지방법원 2019.05.10 2018나60334
정산금
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 that the court citing this case is based on the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the court of first instance citing this case, except that the third to fourth to nine are used as follows.

2. On December 26, 2016, the part of the construction contract that the Plaintiff concluded with the Defendant and the construction cost of the construction contract that D Company concluded with the Defendant are identical to KRW 1.4 billion (excluding value-added tax). On December 26, 2016, the Plaintiff claimed payment of KRW 220 million out of the amount of other amount of calculation under the instant agreement with the non-party company, and paid KRW 165 million to the Plaintiff by the non-party company.

However, if the assumption of the obligation is overlapped, it is a matter of interpretation of the intention of the parties indicated in the assumption of the obligation, and if it is not clear whether it is the acceptance of the obligation in the assumption of the obligation, or if it is the overlapping person, it is considered to have taken over the obligation.

(2) The following circumstances are revealed:

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