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(영문) 서울고등법원 2015.12.02 2015나15933
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 reasons for the court's explanation concerning this case are as follows: "Witness D, B, and H" in Section 15 of Section 3 of the first instance court's decision is as "Witness D, B, and H"; "Witness D, H, and B" in Sections 5 and 10 to 11 are as "Witness D, H, and B"; and 2 of the first instance court's decision.

The reasoning of the judgment of the court of first instance is the same as that of the Plaintiff except for the modification of the part of the “Plaintiff’s assertion” (as seen in Chapters 3, 17, and 4) as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the

“A. The Plaintiff’s assertion was made between B and D, who is the actual operator of the Defendant, and the Defendant’s employees, and completed the instant construction work with the Defendant as the contractor, but the Defendant paid only KRW 193 million out of the construction cost of KRW 330 million under the first contract. Although the Plaintiff entered into a second contract with the same content as the Plaintiff, the Defendant, as the co-contractor of the instant construction, is obligated to pay the Plaintiff the construction cost of KRW 137,000,000,000, not paid to the Plaintiff as the co-contractor of the instant construction and the delay damages therefrom.”

2. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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