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(영문) 부산지방법원 2019.03.22 2018나50789
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. In addition to adding the following judgments, the court’s explanation on the instant case is identical to the reasoning of the judgment of the first instance. Therefore, the judgment of the first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff asserts that "the plaintiff paid the construction cost of KRW 30 million to the defendant in the trial, which is KRW 130,000,000,000,000 paid to the defendant, and since the defendant did not complete the construction work or pay the price for the construction work on behalf of the plaintiff, the defendant should pay the plaintiff the price for the construction work and the compensation for delay thereof. In full view of the purport of the evidence No. 8, the statement of evidence No. 8, the testimony of the first instance trial witness C, and the testimony and arguments of the first instance trial witness C, the plaintiff's remaining part of the construction work that the defendant continued and waived to the defendant should be completed, and the fact that the construction contract was concluded with the owner of the building (excluding KRW 40,00,000,000,000,000,0000,0000,0000,000 won, which is a child care center). Thus, the plaintiff's assertion that the plaintiff's construction contract alone cannot be justified.

2. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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