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(영문) 서울고등법원 2015.08.12 2014나56081
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Part E’ of the witness E’s testimony, the fact inquiry results on the South Young-ju market of the first instance court’s decision is the result of the fact inquiry about the South-Yan market of the third instance court’s decision and the result of the fact inquiry about the Namyang market of the second instance court’s decision.

(b) The witness G of the first instance court of Grade 4, 21, and 5, “A” of the first instance court of Grade 5, “A, 5, 1 through 2,” as a result of the court’s entrustment of appraisal to the appraiser H, and the result of the court’s inquiry to the above H, “B, 5, 20,” witness E of the first instance court of Grade 5, “B, 7,” witness E of the first instance court of Grade 7, “B,” respectively.

(c) Decision of the first instance court; and

The part of paragraph (1) of this Article (from 16 to 3 pages 8) shall be applied as follows:

[C] According to the facts and the purport of the whole pleadings as seen earlier, multiple creditors of the Plaintiff received a seizure and collection order concerning the claim for the construction cost in the instant lawsuit against the Defendant, and served the said order on the Defendant, the garnishee, who was the garnishee: (i) the sum of KRW 320,052,06,06 (=254,915,5066,20,120,000 KRW 45,016,560), and each of the above seizure and collection orders was served on the Defendant, the sum of KRW 158,784,00 and delay damages therefrom, which the Plaintiff received from the Defendant at the time when the collection and collection order was served on the Defendant, 158,784,000 and KRW 9,76,303 [the last day of July 25, 2014, which is a copy of the complaint of this case, from April 25, 2013 to the date when the above seizure and collection order was served on the Defendant.

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