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(영문) 서울고등법원 2019.04.04 2018나2070692
기타(금전)
Text

1. The action of intermediate confirmation filed in this Court shall be dismissed.

2. The plaintiff (the intermediate confirmation plaintiff)'s appeal is dismissed.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, with the exception of adding the following “2. Additional Determinations” to the allegations emphasized or added by the plaintiff in this court, and adding the following “decisions on the lawsuit for interim confirmation” to the lawsuit for interim confirmation filed by this court, it is identical to the part of the judgment of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff asserted that F transferred the right to claim for the delivery of temporary materials of this case against the Defendant based on the evidence No. 5 (the cooperation letter for the return of permanent materials). Thus, the Plaintiff’s assertion that F transferred the right to claim for the delivery of the temporary materials of this case to the Defendant is nothing more than the purport of “F’s manager’s cooperation with the Defendant in collecting the temporary materials of this case owned by F in the construction site of this case.” The Plaintiff did not indicate that F transferred the right to claim for delivery of the temporary materials of this case to the Defendant, as alleged by the Plaintiff. Accordingly, the Plaintiff’s assertion is difficult to accept.

B. The Plaintiff’s assertion to the effect that the rejection of the Plaintiff’s assertion based on this is unfair, but according to the written evidence Nos. 16 (including a serial number, hereinafter the same), the relevant criminal case is dismissed by the Prosecutor’s appeal under the Suwon District Court 2018No5070 on January 10, 2019, and the facts charged of larceny against the head of the Defendant’s site office H are affirmed. Accordingly, the Plaintiff’s above assertion is difficult to accept.

C. Around June 2016, the Plaintiff declared that F would not pay the price for the instant temporary materials purchased from the Plaintiff, and that F would cancel a contract for the purchase of such temporary materials and return them to the Plaintiff upon delivery from the Defendant. The Plaintiff consented thereto.

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