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(영문) 서울고등법원 2016.04.19 2014나58148
공사대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

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 concerning which the court stated in paragraph (2) below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. From Nos. 7 to 8 of the judgment of the court of first instance, "(the plaintiff was to use the letter of this case only for the purpose of showing it to bond holders at the time, and the plaintiff did not prepare the letter of this case, the plaintiff asserted that the defendant's creditors did not have any choice to receive the construction cost because the defendant's creditors could not receive the payment of the construction cost because they did not provisionally attach the house of this case, but there is no evidence to recognize this)" (the plaintiff was to use the letter of this case only for the purpose of showing to bond holders at the time of the first instance court, and the plaintiff did not prepare the letter of this case. The plaintiff did not prepare the letter of this case, because the defendant's creditors did not have any choice to receive the construction price because they could not receive the payment of the construction price because they did not have any choice to do so, it is difficult to accept the formation process of each letter of this case as the plaintiff's argument that the plaintiff's office, who did not use the office of this case, signed the plaintiff's letter of this case without the plaintiff's consent."

Part 8 of the judgment of the first instance court, " alone with the descriptions of No. 20-1 through No. 4 of the Evidence A" in Part 16 of the judgment of the first instance court shall read as "No. 20-1 through 4, No. 33, No. 34-1, No. 2, No. 35, No. 36-1 through No. 32, and testimony of No. 36-1 through No. 12, and witness R".

3. Conclusion, the plaintiff's claim of this case is dismissed without merit, and the judgment of the court of first instance is delivered with this conclusion.

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