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(영문) 부산지방법원 2020.12.16 2020나43265
추심금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

In addition to the newly submitted evidence in the first instance court citing the judgment of the first instance, the fact-finding and judgment of the first instance court shall be deemed legitimate even if all of the parties' claims are examined.

Therefore, the reasoning of the judgment of this court is that of the first instance judgment except for dismissal as follows, and therefore, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Under the second sentence of the judgment of the court of first instance, the first sentence up to the first sentence is as follows: “E. the Defendant is supplied with steel structures, etc. from D from August 1, 2015 to April 25, 2016 and the amount payable to D remains in KRW 28,694,980.”

In the third and fifth Forms 4 through 5 of the first instance judgment, “The unpaid price that the Defendant has to pay to D after the delivery of the seizure and collection order of this case” is the Defendant’s “the unpaid price that the Defendant has to receive from D the delivery of steel structure, etc. from D from August 1, 2015 to April 25, 2016.”

Under the third part of the judgment of the first instance, the first instance court determined that "the defendant has a claim for the payment of the scrap metal price generated in the course of processing D to settle the amount of the scrap metal price that occurred in the course of processing D to the defendant" is "the defendant's claim for the payment of the amount equivalent to KRW 10,074,760 against D exists."

2. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

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