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(영문) 서울고등법원 2015.01.16 2014나43573
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasons for the court's explanation as to this case are as follows: "The apartment construction contract of this case" was awarded to "the apartment construction work of this case (hereinafter "the apartment construction work of this case")" in the 2nd, 13, and 14th of the judgment of the court of first instance (hereinafter "the apartment construction contract of this case") and "the apartment construction work of this case" (hereinafter "the apartment construction contract of this case" of this case and all of the apartment construction work of this case)" (hereinafter "the apartment construction contract of this case" of this case; the hospital construction contract of this case of this case and the apartment construction contract of this case of this case of this case are referred to as "the witness of this case" of the 2nd, 18th of the judgment of the court of first instance as "the witness of the court of first instance", and 5th and 14th of the construction contract "the construction contract of this case" of this case as "each construction contract of this case" of this case, and the part of the 3-B and 20th of the judgment as follows.

2. The changed part

B. The Plaintiff asserts to the effect that the construction cost under each of the instant construction contracts is KRW 131,00,000,000, and the fact that the Plaintiff paid KRW 131,00,000 to the Defendant is not a dispute between the parties.

C. The Defendant asserts that the construction cost under each of the instant construction contracts exceeds KRW 131,00,000,000, and reaches KRW 184,329,430. Thus, in light of the following circumstances acknowledged by comprehensively taking account of the overall purport of arguments in the testimony of the witness E of the first instance trial and the witness E of the first instance trial, it is insufficient to recognize that the construction cost under each of the instant construction contracts exceeds KRW 131,00,000,000, and exceeds KRW 184,329,430,000, and there is no other evidence to prove otherwise.

1 E introduced the Defendant to the Plaintiff regarding each of the instant construction works.

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