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(영문) 서울고등법원 2018.06.22 2017나2053430
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 the judgment of the court of first instance citing this case is that the reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment, except for the addition of Paragraph 2 below to the judgment on the assertion that the plaintiff is specially emphasized as the grounds for appeal by the court of first instance. Thus, it is acceptable

2. Determination on the grounds for appeal

A. The gist of the Plaintiff’s assertion that the Plaintiff’s claim for the payment of KRW 200 million was extinguished by KRW 200,000,000,000,000,000,000,000 won under the direct payment agreement, and the Plaintiff agreed to pay 200,000,000 won directly to J, out of the construction cost to be paid to the Plaintiff; or the Plaintiff did not have to prepare the written consent for the direct payment. Moreover, the first instance court did not deem that the Defendant paid KRW 20,00,00 to E on September 16, 2013 pursuant to the instant direct payment agreement. Nevertheless, the first instance court determined that the Plaintiff’s claim for the payment of the construction cost against the Defendant was unlawful. However, the first instance court’s evidence duly adopted and investigated by the lower court, such as witness witness testimony of the first instance court, and that the Plaintiff was not able to obtain the Plaintiff’s consent to the payment of the construction price within the scope of KRW 100,0,0,00,00,00.

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