(영문) 서울고등법원 2018.05.10 2017나2057241

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(영문) 서울고등법원 2018.05.10 2017나2057241

손해배상(기)

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1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the part which is dismissed or added as stated in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. Part 4 of the judgment of the court of first instance No. 8 shall be followed as follows.

E. The Defendant withdrawn KRW 12,00,000 from the instant account on September 26, 2012 and KRW 43,550,000 on October 8, 2012, and deposited KRW 27,632,000 on October 26, 2012 into the account under the name of D awarded a subcontract for the construction of toilet screen spons and bath room sponsing in the instant construction work, and deposited KRW 27,632,00 on October 27, 2012, and KRW 1,5,000 on November 1, 2012, into the account supplied with boiler, etc. at the instant construction site.

【Ground of recognition】 The fact that there has been no dispute, significant fact in this court, entries in Gap evidence 1, 2, and 4, the purport of the whole pleadings

B. On the 4th instance judgment, the 12th to 15th shall be followed as follows.

Nevertheless, ① 69,213,00 won (=25,663,00 won out of the amount deposited from the account in the name of D and E, which exceeds the amount actually received from the Defendant, 69,213,00 won (=43,550,000 won out of the amount deposited from the account in the name of D and E), which was deposited from the Defendant to the account in the name of F, C, G (C) etc., 69,93,954,000 won (hereinafter “C”), which was deposited from the account in the name of D to the account in the name of D and E, is used for any purpose other than the instant construction cost in violation of the instant agreement. Accordingly, the Defendant is obligated to pay the Plaintiff damages for default, which was 51,80,000 won, and damages for delay.

C. On the 5th of the first instance judgment, the 6th of the first instance judgment and the 17th of the first instance judgment were followed as follows.

1. The defendant

참조조문

-민사소송법 제420조

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