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(영문) 서울중앙지방법원 2015.09.01 2015나12399
양수금
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

The reasoning for the court of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the defendant on the following arguments, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that the above amount should be deducted from the plaintiff's claim amount, but there is no evidence to prove that the above amount of KRW 3.9 million was paid for the repayment of the construction price, since he paid the construction price to Adddung Co., Ltd. (hereinafter the non-party company) on August 26, 2011, the defendant's assertion is without merit.

The defendant argued that the non-party company should deduct the outer wall of the building on its design drawing from the plaintiff's claim amount of KRW 32,308,972, as the non-party company constructed the building's fixed side of the building, the side and back side of the building, and the ston scke, and the 32,308,972 should be deducted from the plaintiff's claim amount.

However, in full view of the purport of the whole argument in Gap evidence 1-2, it is recognized that the non-party company and the defendant agreed to close the outer wall of the building into a ston and ston. Therefore, the above argument by the defendant is without merit.

If so, the decision of the court of first instance is just in conclusion, and thus, the defendant's appeal is dismissed.

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