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(영문) 수원지방법원 2019.05.23 2018나76026
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, and such reasoning is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

2. The following shall be added to the part of the judgment of the court of first instance, which is written or added, to the evidence Nos. 6, 7, and 2 of the judgment of the court of second instance: “A evidence No. 9-1 through 5.”

Part 3 of the first instance judgment, "the claim amount of this case is an amount for which the tax invoice is not issued," stating that "the Plaintiff is an additional construction separate from the construction project for which the construction cost has already been paid along with the issuance of the tax invoice. However, there is no evidence to acknowledge the Plaintiff's assertion. Rather, in full view of the evidence mentioned above and the purport of the entire pleadings as to F Corporation, which is the Plaintiff's major part of the construction project of this case, among the construction of this case, the tax invoice stating the details of the construction (Evidence 5-1) and the former table (Evidence 1) and the statement of transaction director (Evidence 2) submitted by the Plaintiff on the ground of the issuance of the tax invoice, shall be deemed to have been settled along with the issuance of the tax invoice."

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.

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