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(영문) 서울고등법원(춘천) 2016.05.18 2015나1906
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

In accordance with the main sentence of Article 420 of the Civil Procedure Act, part of the judgment of the court of first instance citing part of the judgment of the court of first instance cites the “1. Basic Facts” and “2. Plaintiff’

Judgment

The construction of the instant case was interrupted on April 30, 2013, and thereafter, was not resumed once thereafter.

As alleged by the plaintiff, each testimony of E and F of the witnesses E and F of the first instance court, which seems to correspond to the plaintiff's assertion, is hard to believe in light of the records No. 29 and the results of the response by the director of the Daejeon District Headquarters of the Korea Land and Housing Corporation with respect to the fact inquiry by the court of first instance. The statements of No. 4, 5, Gap No. 21 through 28, Gap No. 33 and 35, and testimony by the witness of the court of first instance are insufficient to recognize them, and there is no other evidence to acknowledge them.

Rather, in full view of the purport of the argument in Gap evidence 5, Gap evidence 10-1 through 7, Eul evidence 11, Eul evidence 3 through 10, Eul evidence 3 through Eul evidence, Eul evidence E of the court of first instance, and witness G of the court of first instance as a whole, the plaintiff and the defendant under a special contract of this case paid the construction price in full (Paragraph 1 of the special agreement) under the condition that LH corporation purchases it after completion of the house of this case, and there is no advance payment for the construction price (Paragraph 1 of the special agreement), the plaintiff, the contractor, without any advance payment for the construction price (Paragraph 15 of the special agreement), the problem related to the subcontractor is entirely responsible for the plaintiff, the subcontractor cannot raise any objection to the defendant (Paragraph 19 of the special agreement), and in such a case, the construction contract may not be terminated, and the construction price for the subcontracted project of this case may not be paid to the subcontractor until the suspension of the construction work of this case is made (Paragraph 21 of the special agreement).

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