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(영문) 서울고등법원 2020.09.18 2018나2074731
채무부존재확인
Text

The Defendant-Counterclaim Plaintiff’s counterclaims that the Defendant-Counterclaim Plaintiff changed on an exchange basis.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The reasoning for the court’s explanation on this part is as stated in the reasoning of the judgment of the first instance, except for the parts which are either written or added as set forth in the following sub-paragraph (b). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The first half of the first instance judgment (the second half below) of the first half of the reasons in the judgment of the first instance (the second half below), "Plaintiff" shall be deemed to be "Plaintiffs (Cheongju District Court Decision 2019Hun-Ma5000 decided April 10, 2019 and A taken over the lawsuit by the administrator A upon commencement of the rehabilitation proceedings against A; hereinafter referred to as "Plaintiffs")", and "Defendants" shall be deemed to be "Defendants (the second half below and third below)" (the second half below each other before the change, I Co., Ltd. and Suwon District Court Decision 2019 Ma134 decided July 24, 2019, the simplified rehabilitation proceedings were initiated against the defendant by the ruling of the above court, which was abolished on November 11, 2019, and no special circumstance exists," and "Defendants shall be deemed to be "the defendants".

"The construction of this case" (hereinafter referred to as "the construction of this case") shall be deleted from the second half of the first instance judgment (from the second second to the third).

The reasoning of the judgment of the court of first instance is that "the interior works among the construction works of this case shall be added to "the interior works during the first new construction works" from the fourth fourth (the second to the second second) (the second to the second).

The reasoning of the first instance judgment of the first instance court is that the construction work of this case in the first half (the second second second second second second second second second second reduction) shall be replaced by "the construction work of this case".

The second sentence of the first instance judgment on the ground of the first instance judgment (the third second sentence), “The contract price of the instant construction work is KRW 880,000,000,000” in the part of the said construction work, total of the contract price of the interior work and construction work (hereinafter “instant construction work”) = KRW 902,00,000,000 in the original construction work price.

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