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(영문) 서울고등법원 2019.08.22 2018나2070975
공사대금(정산금)
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff) that changed to an exchange in this court.

Reasons

1. The reasoning stated by the court in this part is as follows, except for the following parts of the reasoning, since the part of the “1. Basic Facts” from No. 4 to No. 5 is the same as that of the judgment of the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary, deletion, and addition] Part 2 of the judgment of the court of first instance, “Defendant is a stock company with the objective of civil engineering and construction work, etc.” (the Defendant was a stock company at the time of filing the lawsuit in this case, and the administrator AE took over the proceedings on September 18, 2017 when the lawsuit in the first instance was pending, but the rehabilitation procedure was completed on September 5, 2018, and again took over the proceedings. On November 15, 2018, which was after the judgment of the court of first instance was rendered, the Defendant merged B stock company on November 15, 2018 without distinguishing between the commencement, completion, and merger; hereinafter “Defendant”) is a stock company with the purpose of mining development and sale.

On July 31, 2015, the first instance court held that the Defendant paid KRW 231,00,000 to the Plaintiff on July 31, 2015, “The Defendant paid KRW 264,400,000 to the Plaintiff on July 31, 2015 as the advance payment for Franchi Civil Works, and KRW 264,40,000 to the Plaintiff on July 31, 2015.”

The defendant, May 25, 2016, on May 25, 2016, set forth in the first instance judgment Nos. 11 and 12 (hereinafter “AG”).

Around November 7, 2016, the Government sent to the Plaintiff a letter stating that the Franchising construction works were subcontracted, and that the Franchising Civil Works Corporation will terminate the Franchising Construction in consultation with the implementation of the Franchising Civil Works Corporation.

"Flags".

Once the judgment of the first instance is rendered, the first instance shall be closed from the fourth to the second instance.

subsection (b) shall be deleted.

No. 4 of the first instance judgment, the last page 5 of the first instance judgment.

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