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(영문) 서울고등법원 2017.05.19 2016나2057664
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. As a result of examining the grounds for appeal citing the judgment of the court of first instance, the evidence submitted by the parties and the results of examination of the witness by the court, the legitimacy of the judgment of the court of first instance is justified. This court’s explanation on this case is the same as the reasoning of the judgment of the court of first instance, except for partial dismissal, addition, or supplementary determination as follows. Thus, it is acceptable in accordance with the main sentence of

2. Parts used for repair or addition or supplement;

A. 1) Part 8, 11-12, 572, 8-12, 8-12, 8-2, "52,00,000,000,000,000,000,000,000. 2) The 10-14 and 16-16-2, each part of the judgment of the court of first instance, "the seal of the plaintiff and the defendant B" was added to "the seal of the plaintiff and the defendant B of this case" with "the seal of the defendant association of this case". (b) The 11-2, the second part of the judgment of the court of first instance, "the authenticity of the whole shall be presumed to have been made," followed by adding or supplementing the following parts:

Although the Defendant alleged to the effect that he had affixed the seals of Defendant B to the instant documents by means of making several seals on the part of the Plaintiff, etc., there is no evidence to acknowledge it. Rather, according to the description of evidence No. 17, Defendant B directly affixed the seals to the instant documents by the investigative agency.

2) Article 17 of the first instance judgment’s text “The evidence submitted by the Defendant alone” is amended or added as follows. The testimony by the court of this case to the effect that the payment of the construction cost of this case was made in full is merely a circumstantial or indirect knowledge of the Plaintiff’s attitude, and thus, it is deemed to be accompanied by other evidence submitted by the Defendants) Nos. 17 and 9 of the first instance judgment, followed by the following parts.

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