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(영문) 부산지방법원 2019.01.11 2018나47028
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as stated in the corresponding part of the judgment of the court of first instance, except where the part of the reasoning of the judgment of the court of first instance is dismissed or added as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

On the 3th page of the first instance judgment, the 16th page "the construction of this case was commenced" was changed to "the construction of this case was commenced."

Article 35 and 36 (No. 35 and No. 36 (No. 300,852,782) of the judgment of the court of first instance, which seems to be consistent with the defendant's agreement to pay the full amount of KRW 300,852,782 to the plaintiff, is a person who directly supervised and supervises the construction of this case as the head of the headquarters of the corporation B, and there is a conflict of interest with the defendant in the relationship between the defendant and the joint and several liability with the defendant as to the obligation to pay the construction price of this case against the plaintiff. And I is a field director of the corporation of the plaintiff company and the contents of the statement were merely a transfer of the defendant's intention to pay the construction price of this case from the representative director of the corporation of the plaintiff company. In light of the above, it is difficult to believe that it is difficult to acknowledge it differently, and there is no other evidence to recognize it."

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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