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(영문) 수원지방법원 2018.09.13 2017나75446
공사대금
Text

1. All appeals filed by the plaintiff, the defendant, and the independent party intervenor are dismissed.

2. The costs of appeal shall be borne by each party.

3...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance emphasizing or adding the parties as the grounds for appeal is the same as the grounds of the judgment of the court of first instance, except in some cases, since the parties make a decision as set forth in the following subparagraphs.

2. The fifth part of the judgment of the court of first instance, the fifth part of the judgment, "the plaintiff", shall be deemed "the sender".

Part 6 of the first instance judgment "385,000,000 won" shall be deemed "38,500,000 won".

No. 7 of the judgment of the first instance court "request for the principal lawsuit and request for intervention" shall be deemed to read "request for the principal lawsuit by the plaintiff and the request by the intervenor".

The following shall be added to the seventh and twenty-one (21) judgment of the first instance.

The defendant asserts that he was the consignor of the remaining construction, but this cannot be accepted as being contrary to the fact-finding) of the first instance judgment of "An application for participation" in Section 5 of the first instance judgment of "An application for participation" is dismissed as "a request".

Section 20 of the first instance judgment is amended by adding the following:

The following shall be added to the 10th "Recognition" of the first instance judgment of "(or it is difficult to recognize that the Plaintiff has a duty to pay the agreed amount, etc. to the Defendant even if he/she paid the agreed amount, etc.)".

“In light of the above-mentioned facts, the Plaintiff did not seem to have actively engaged in the act of submitting false data when claiming the above insurance money, the payment of insurance money according to the review on the occurrence of the insured event of the Seoul Guarantee Insurance even if the Plaintiff claims the Seoul Guarantee Insurance, and the Defendant voluntarily responded to the claim for reimbursement of the Seoul Guarantee Insurance.”

3. Additional determination

A. The Defendant’s assertion 1, the Defendant, and the consignor directly pay the construction cost to the consignor.

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