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(영문) 서울고등법원 2017.06.08 2016나2078227
전부금
Text

1. Revocation of the first instance judgment against the defendant.

2. The plaintiff's claim against the defendant is dismissed.

3. The plaintiff and the defendant.

Reasons

1. In addition to the following modifications, this part of the basic facts is identical to the statement in the reasoning against the Defendant in the part concerning “1. Basic Facts” from 2, 19 to 3, 15, the second sentence of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420

The three-dimensional two written judgments of the first instance court shall be amended " February 2, 2015" to " December 2, 2015."

The 3rd 10th 10th son of the first instance judgment “instant construction” shall be amended to “instant construction.”

2. Determination

A. With the exception of amendments and addition as follows, this part of the determination as to the cause of the claim is identical to the part on the ground of “determination as to the cause of the claim” in the text of Article 420 of the Civil Procedure Act, except for the following amendments and addition, the part on the determination as to the cause of the claim shall be cited pursuant to the main sentence of Article 420 of the same Act. The 5th 12th 12 of the judgment of the court of first instance shall be amended “the instant construction work” as “the instant construction work.” The 5th 14th 5th 14th 14th “the instant subcontract” shall be added “the instant construction work.” The summary of the Defendant’s assertion as to the Defendant’s assertion as to the direct payment of the Defendant’s wage, etc., was 7th 2015, and the creditors did not directly request the Defendant to pay the unpaid portion of the instant construction payment from the non-party company’s creditors related to the instant construction work to the 7th 1st 4th 6th 2th 6th 3th 2.

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