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(영문) 대법원 2016.07.14 2014다48088
공사대금
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the first instance judgment partially accepted by the lower court as to the ground of appeal No. 1 of the Plaintiff (Counterclaim Defendant), the lower court acknowledged facts as indicated in its reasoning, and determined that the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) entered into the instant agreement with the intent to substitute the instant contract, on the grounds stated in its reasoning, and thus, the Defendant (Counterclaim Defendant) is obligated to pay the settlement amount pursuant to paragraph (1) of the instant agreement to the Plaintiff (Counterclaim Defendant) and did not have the obligation

The judgment below

Examining the reasoning in light of the relevant legal principles, the above determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

2. As to the remaining grounds of appeal by the Plaintiff (Counterclaim Defendant) and the grounds of appeal by the Defendant (Counterclaim Plaintiff), all of the allegations in the grounds of appeal are the purport of disputing the selection of evidence and fact-finding which belong to the lower court’s exclusive right as a fact-finding court, or the assertion of misapprehension of legal principles on the premise of facts different from

Furthermore, even if examining the judgment of the court below in light of the record, it did not err by recognizing facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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