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(영문) 서울고등법원 2016.10.13 2016나2027366
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the corresponding part, except for the cases where paragraphs (1) and (3) of the judgment of the court of first instance are used as follows. Therefore, this is cited pursuant to the main sentence of Article 4

【The part written by the Defendant was to be paid KRW 10 million to the Plaintiff on August 6, 2014, and the Plaintiff claimed for payment of KRW 99 million on August 8, 2014, but the Plaintiff paid KRW 35 million on behalf of the Plaintiff, and the Defendant paid KRW 5 million in total by paying KRW 5 million to the equipment engineer instead of the Plaintiff.”

5 Under the 5th two parallels, the phrase “(13,870,400 won in the trial but 11,338,600 won in the trial)” is added.

The 6th 9th 2nd 6th king was written with “the fact that it seems difficult to admit the Defendant’s assertion only with the statement in the evidence No. 7.”

6. The 6th 9th 9th eth eth eth eth 3, 9 through 12 (including paper numbers) shall be applied.

6 Under the 6th below, the following two types of “not having any reason to reach an agreement,” the written evidence Nos. 13 and 14 of the above shall be deemed to be difficult to recognize that E would pay to the Plaintiff KRW 50 million, even though there is no money to be paid any longer due to the completion of the settlement between the Plaintiff and the Defendant.”

2. The plaintiff's conjunctive claim should be accepted within the scope of the above recognition, and the remainder should be dismissed for lack of reasonable grounds.

Since the part of the preliminary claim in the judgment of the court of first instance is justified, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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