(영문) 서울고등법원 2017.10.17 2017나2015575

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Text

Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2017.10.17 2017나2015575

채무부존재확인

Text

1. Of the judgment of the court of first instance, the main part against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasons stated in this part are the same as the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance “1. Basic Facts” at the bottom of the third party) except in cases where the basic facts are written or added as follows, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

【A. B. B. 3] The phrase “A. B. 3” is added to the part at the third bottom of the judgment of the first instance.

The following shall be added to the fourth decision of the first instance:

On the other hand, when concluding the instant construction contract with the Defendant C, the Plaintiff A pays the remainder within two months after the completion of the instant construction work.

"" has made a special agreement.

"Around May 12, 2012," in Part 4 of the decision of the first instance court, "A around May 12, 2012," shall be changed to "Around May 11, 2012." The following shall be added to the fourth 15th of the decision of the first instance. On the other hand, Defendant F and G received part of the instant construction from Defendant D and implemented it.

A person shall be appointed.

2. The parties' assertion

A. The gist of the Plaintiffs’ assertion 1) fully extinguished the obligation of the instant construction cost to be borne by the Plaintiffs on the grounds as delineated below. The instant construction cost was fully paid KRW 25,69,000,000, out of the instant construction cost of KRW 350,000,000, which was submitted on January 9, 2017 after the closing of argument in the first instance trial. As such, the instant construction cost is KRW 93,060,000 (= KRW 350,000,000 - KRW 25,6940,00).

However, by July 5, 2013, Defendant C issued to the Plaintiffs a written statement stating that “if the repair of the housing in this case is not completed by July 5, 2013, Defendant C waives the claim for the remainder of the construction in this case.” By the above deadline, the defect repair of the housing in this case

Therefore, the plaintiffs' obligation to pay the remainder of the construction works of this case was extinguished by waiver.

(b).

참조조문

-민사소송법 제420조

유사 판례

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