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(영문) 서울고등법원 2020.07.01 2019나2041820
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The part excluding the conclusion among the reasons for the reasoning of the judgment of the court of first instance regarding this case is the same as the reasons for the judgment of the court of first instance, except for the dismissal as follows. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Defendant K’s 4 page 4 of the judgment of the court of first instance, which was written after the dismissal, shall be deemed to be Defendant G.

The 6th decision of the court of first instance refers to the case in which the 6th decision of the court of first instance "this case" is "this case."

Part 9 of the judgment of the first instance court stated "L" in Part 5 as "I."

The first instance court's decision No. 10 states "Defendant M" as "Defendant G".

From 10th to 14th of the decision of the first instance court is as follows.

The burden of proving the existence of a harmful act by intention or negligence in tort and the causal relationship between the act and the occurrence of the loss lies on the person who asserts it (see, e.g., Supreme Court Decision 2009Da92272, Mar. 25, 2010). As seen earlier, considering the circumstance and evidence presented by the plaintiffs in light of the following: (a) the agreement between Defendant F and I was concluded between Defendant G does not automatically become null and void; and (b) the payment of construction cost to Defendant F to I cannot be deemed to have been made without any legal cause; (c) the circumstance and evidence submitted by the plaintiffs alone are insufficient to recognize that Defendant F is liable to compensate the plaintiffs under the proviso to Article 757 of the Civil Act as a contractor; or (d) the defendants are liable to compensate for damages under Article 760 of the Civil Act as joint tortfeasor; and (e) there is no other evidence to acknowledge this otherwise (i) it cannot be deemed that the plaintiffs suffered losses, as alleged by the plaintiffs, as the tort of the Defendants and the damages claimed by the plaintiffs.

2) The Plaintiffs’ assertion on this part is without merit.

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