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(영문) 부산고등법원 2015.09.24 2014나53387
공사대금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The defendant asserts that the lawsuit of this case is unlawful since the plaintiffs received only the principal of the unpaid construction cost and agreed to withdraw the lawsuit of this case.

In full view of the overall purport of the arguments in the testimony of the witness G of the first instance court, the following facts are revealed: (a) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”)’s H and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”)’s representative director; (b) the E J representative director; and the Defendant’s G transfer director collected to the Investment Support Group office of Ulsan Metropolitan City, Ulsan Metropolitan City on July 24, 2013; and (c) the Defendant’s G affairs paid the entire principal amount of the construction payment unpaid until July 31, 2013 to the Plaintiffs and E members of the Plaintiff and E.; (c) the Defendant’s G transfer director gave up the claim for delay and gave out the lawsuit; and (d) the Defendant’s payment of delayed payment damages that were not paid to the Plaintiffs and E by the direction of the representative director of the Defendant’s ; and (e) the Plaintiffs’ payment of delayed payment damages that were not made by the evidence presented by the Plaintiffs cannot be acknowledged in full view of the objective purport of the evidence presented as follows.

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