logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.02.02 2017나2018451
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

1516, 1516, Yecheon-si, Yecheon-si, and the Environmental Energy Center.

Reasons

The main lawsuit and counterclaim are also examined.

1. The facts of recognition, the grounds for this Court’s explanation concerning this part of the parties’ assertion are as stated in the corresponding part of the reasoning of the judgment of the court of first instance (section 3, 6, 11, 12, 12, 12, 1, 2, 2, 2, 2, 2, 3, 3, 420 of the Civil Procedure Act).

2. This Court’s explanation concerning this part of the judgment is the same as the corresponding part of the reasoning of the judgment of the court of first instance (from No. 11, No. 14, and No. 16, to No. 3) except for the following reasons, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

Part 12, "The evidence mentioned above" in Part 14 shall be added to "the testimony of witness B at the trial."

Part 12, paragraph 11, add to:

The provisions of Article 669 of the Civil Act, Article 669 of the Civil Act, Article 669 (Exemption in the case of materials or instructions provided by a contractor by a defect) (Article 669 of the Civil Act), which provides that a plaintiff may not be exempted from liability due to a defect or improper operation, in the form of purchase specifications presented by the defendant, shall not apply if the defect of the object arises from the nature of the materials provided by the contractor or the instructions of the contractor. However, this provision shall not apply where the contractor fails to notify the contractor of the defect with the knowledge that it is inappropriate for the contractor to provide the materials or instructions. It is an agreement to exclude or restrict the contractor's right as provided in the main sentence of Article 22 (5) 6 of the Framework Act on the Construction Industry (Article 22 (5) of the Framework Act on Construction Industry) as an agreement to exclude or restrict the contractor's right without

The provisions of Article 12 (1) of the Act on the Protection of Land, etc.

6. The rights of the other party recognized by relevant Acts and subordinate statutes, such as the Civil Act.

arrow