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(영문) 서울고등법원 2016.05.13 2015나29024
채무부존재확인 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A shall be modified as follows:

Plaintiff

A and the defendant on September 2009.

Reasons

1. The reasons for the court's explanation of this case are as follows: (a) Part 3 of the Judgment of the first instance is as follows: (b) Part 11 of the Contract (A) signed and sealed by the plaintiff as a contractor; (c) Part 16 of the Judgment as "No. 2"; (d) Part 3, 7, 8, 8, 12 of the Judgment as "211,902, 780 won"; (d) Part 14, 14 of the Decision as "No. 143, 403, 780 won" as "No. 141, 902, 780 won"; (d) Part 2 of the Decision as "No. 143,403, 780 won" as "No. 141, 902, 780 won"; and (e) Part 13,143,403, 780, 781, 7808.7, 781.

2. Attached Form 2 of the judgment of the first instance court; the deletion and modification of part of the details of the use of Defendant management expenses;

A. According to the items 1) 398,00 won T on September 23, 2009, 135,000 won, 8T 45,000 won, 8T 45,000 won, 8T 45,000 won, and 8T 478,000 won (total) are not actually paid by the defendant, but can be recognized as falling under the credit amount. Thus, it is reasonable for the defendant to delete the above items from the amount of construction expenses. 2) The defendant's construction expenses on September 25, 2009, 200 won, 378,00 won, 378,00 won, 5273,000 won, and 87,000 won (total amount of KRW 8,000,000) on September 26, 2009, it is reasonable for the defendant to recognize the fact that the above items were actually paid by the defendant as construction expenses.

B. Items 1 of the Change Items 1, 19,00 won on September 8, 2009 16.

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