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(영문) 부산지방법원 2020.10.23 2019나57404
손해배상(기)
Text

Plaintiff

A’s appeal against the Defendants and the appeal against Plaintiff B by Defendant D Co., Ltd. are dismissed.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the court of first instance is that of the judgment of the court of first instance, except where the following parts are changed or added among the grounds of the judgment of the court of first instance; and (b) such part is cited by the main sentence of Article 4

(Attachment) 2. 2. Cut-down or addition of the part in the judgment of the court of first instance shall be replaced by “O. 17, 2016. 0. 17. 24, 2016. 20. 16. 16. The following descriptions shall be added.”

“After October 17, 2016, Defendant C and Defendant D drafted the first revised contract with the content of adding provisions on loan and the first revised contract with the term of construction from September 26, 2016 to August 30, 2017. The second revised contract with the content of changing the term of construction from September 26, 2016 to August 30, 2017 was prepared. The second revised contract with the term of construction from September 26, 2016 was prepared as follows: “A removal work commences around that time” in Section 3, Section 17, of the first instance judgment of “from October 1, 2016 and from October 14, 2016.”

The 4th page 14 of the first instance judgment shall be followed as follows.

The judgment of dismissal was rendered on January 15, 2020, and the above judgment became final and conclusive as it is. The fourth 15th th th th 15th th th th th th th th th th th th th th th th [applicable for recognition] in the part of “B 11 and 12, each st th th th th th th th th th th

Article 5 (3) of the first instance judgment shall be dismissed as follows.

A person shall be appointed.

3. According to the overall purport of the statements and arguments as to the plaintiffs' claims against the defendant C, the defendant C entered into a contract with M on December 29, 2015 for the removal work of this case, and the defendant C paid KRW 3 million to M on December 29, 2015 as advance payment of the above removal work, and then remitted KRW 2 million to M M M M’s account on January 11, 2016 and KRW 4 million on January 201, 2016. According to the above facts of recognition, it is reasonable to view that the defendant C contracted the removal work to M on December 29, 2015.

On the other hand, we find the above.

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