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(영문) 서울고등법원 2017.04.27 2016나209117
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s counterclaim claim that had been exchanged in the first instance.

Reasons

1. The reasoning for the explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the judgment on the merits is as stated in the corresponding part of the judgment of the court of first instance, except where the judgment of the court of first instance is used as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The plaintiff did not submit the statement of grounds for appeal). The court of first instance held that the 8 lien holder of the No. 7 table 2 of the judgment of the court of first instance is "Cheong Soung Construction Co., Ltd." and "Cheong Soung Construction Co., Ltd.".

The debt collection amount from May 17, 2016, No. 14-5 of the 7th decision of the first instance court, "870,000 won", shall be raised to "718,900 won."

The lien 15 No. 15 of the 7th ruling of the first instance court shall be raised from "AP to "AT".

Of the grounds for recognition or rejection of No. 10 No. 9 of the first instance court ruling No. 3, the phrase “No. 4, 2007” shall be read as “No. 4, 2007.”

Of the grounds for recognition or dismissal of No. 15 of Table 9 attached to Table 3 of the judgment of the court of first instance, the term " May 14, 2007" and " June 7, 2007" shall read " May 14, 2008" and " June 7, 2008", respectively.

The "AE" shall be the "AH" among the grounds for the rejection or recognition of Nos. 28 and 32 of the 10th decision of the first instance court.

The 33th day of the 10th day of the judgment of the first instance court shall be from August 3, 2009 to August 30, 2009 to " August 30, 2009".

3. Judgment on the counterclaim

A. The defendant's assertion 1) The defendant's assertion at the trial of the defendant is the plaintiff's DongU, 101, 803, 101, 1004, 104 and 804 (hereinafter "each of the separate buildings of this case").

There is no time to conclude apartment supply contract with respect to the defendant, and AU or her husband does not have any claim against the defendant.

Nevertheless, the Plaintiff’s name on December 1, 2008 against the Defendant and the Korea Land Trust Co., Ltd. each of the instant cases from the Defendant.

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