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(영문) 춘천지방법원 2017.09.13 2015나7293
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for the acceptance by the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition as set forth in paragraph (2) below, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 고쳐 쓰거나 추가하는 부분 ▣ 제1심판결문 제4면 3행의 ‘피고가 원고에게’를 ‘E가 원고에게’로 고쳐쓴다.

▣ 제1심판결문 제4면 8행의 ‘갑 제4호증’ 뒤 괄호 부분을 삭제한다.

▣ 제1심판결문 제6면 3행 뒤에 다음과 같은 내용을 추가한다.

3) On the other hand, the defendant asserts that Gap evidence No. 4 (the "Settlement Agreement" hereinafter) affixed the seal of the defendant without authority and is forged. Thus, the defendant does not have a duty to pay 50 million won and damages for delay to the plaintiff.

Therefore, according to the above evidence, G, not the defendant, affixed the seal of the defendant to the Reconciliation Agreement in this case. However, in full view of the following circumstances, G, upon delegation of authority from the defendant, affixed the seal of the defendant to the Reconciliation Agreement in this case. Thus, the above argument by the defendant is without merit. The above argument is without merit.

(Y) Even if the authenticity of the settlement agreement of this case is not recognized, it can be sufficiently recognized that the Plaintiff has a claim for the construction cost of KRW 50 million against the Defendant under other evidence except this. (1) G was awarded a contract from the Defendant for the interior construction of this case, and there was an interest in the provisional attachment in the name of the Plaintiff in order to ensure smooth progress of the construction and safe payment of the construction cost.

② The settlement agreement of this case is a legal relationship with the Plaintiff from the Defendant.

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