logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.16 2017나2025121
채무부존재확인
Text

1. Of the parts relating to the principal lawsuit in the judgment of the court of first instance, the following amounts shall be ordered to be paid:

Reasons

In the first instance court, the plaintiff filed a claim for confirmation of the absence of the principal claim and return of unjust enrichment against the principal claim. The defendant filed a claim for construction cost as a counterclaim. The court of first instance dismissed all of the plaintiff's claims and accepted all of the defendant's counterclaims.

In this regard, only the plaintiff appealed against the claim for return of unjust enrichment and the counterclaim, and thus, the claim for confirmation of the absence of the obligation for construction cost during the principal lawsuit shall be excluded from the scope of the judgment in this Court.

Basic Facts

The reasons for this part of this Court are as follows, given that the reasoning for the judgment of the first instance is the same as the corresponding part of the reasoning for the judgment, except for the addition or dismissal as follows, it shall be accepted by the main sentence of Article 420 of the

Each "subcontract" in Forms 3 through 5 of the judgment of the first instance court shall be improved by the "goods supply contract".

The following shall be added between the three pages 9 and 10 of the judgment of the first instance:

[1] On April 13, 2017, Korea-U.S. Co., Ltd. (1) received a claim attachment and collection order as to KRW 58,827,133 out of the Defendant’s counterclaim claim against the Plaintiff as the Gwangju District Court 2017TTT (2050). The said order was served on the Plaintiff on April 17, 2017.

(2) On October 24, 2017, F received the claim attachment and collection order as to KRW 17,235,939 from among the Defendant’s counterclaim claim against the Plaintiff as the Gwangju District Court 2017TTTTT 2017TT 15875, and the said order was served on the Plaintiff on October 27, 2017 (hereinafter “the second collection order”).

(3) On March 5, 2018, G received a claim attachment and collection order as to KRW 5,726,330 of the construction cost claim against the Plaintiff at the Daegu-gun District Court of Gwangju-si (hereinafter “instant 2”) under the Defendant’s Daegu-gun District Court of Gwangju-si (2018TTT). The said decision was served on the Plaintiff on March 7, 2018.

§ 3.

arrow