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(영문) 광주고등법원(전주) 2015.09.17 2014나4045
추심금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasons for the court’s explanation of this case are as follows: (a) other than the part of the reasoning of the judgment of the court of first instance, which added the judgment as stipulated in Paragraph (2) above, is the same as the part of the reasoning of the judgment of the court of first instance; and (b) thereby, they are cited by the main text of Article 420 of

2. Additional determination

A. The parties to the contract regarding the construction of the F and G HH hospital (hereinafter “instant construction”) at the Ysi-si F and G ground-based HH hospital (hereinafter “E”). The Plaintiffs were issued a seizure and collection order with respect to the claim for the construction payment due to the instant construction against the Defendant at the Jeonju District Court, No. 2014 Gunsan Branch Office 201321, as to the claim for the payment due to the instant construction against the Defendant.

Therefore, the defendant is obligated to pay each collection amount as stated in the purport of the claim to the plaintiffs.

B. 1) Determination 1) In principle, if a contract is made by a document and the parties to the contract are indicated in such document, it is reasonable to determine the parties to the contract in accordance with the language and text indicated therein. In order to recognize the parties not indicated in the contract document as the parties to the contract, the circumstances before and after the conclusion of the contract should be comprehensively examined, such as the purpose and content of the contract and the motive and circumstances leading up to the conclusion of the contract, and there should be circumstances to deem that there exists a mutual agreement between the parties not indicated in the contract document and the other parties to the contract with the intent to assign the rights and obligations pursuant to the contract to the parties to the contract (see, e.g., Supreme Court Decision 2009Da7861, May 28, 2009). 2) In full view of the overall purport of pleadings in the statement of evidence No. 1 to No. 4, No. 8, No. 67, and No. 10, Oct. 13, 2010.

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