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(영문) 서울고등법원 2015.09.23 2014나2045612
채무부존재확인
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 reasons for the court’s explanation concerning this case are as follows: “Plaintiffs” in the second sentence 8 of the judgment of the court of first instance shall be deemed as “Defendants”; “The second sentence “ June 15, 2013” in the second sentence 12 shall be deemed as “ June 25, 2013”; “118,00,000 won” in the second and seventh sentence 15 of the second sentence shall be deemed as “18,00,000 won”; and the second part of the judgment shall be deemed as “no reason” in the first sentence in the first sentence of Article 11 of the Civil Procedure Act shall be deemed as “no reason,” and the second part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The additional part of “(the Plaintiff mainly argued whether the design drawing was actually modified in the trial, but even if there was a change in the design after August 14, 2013 of the instant construction contract concluded as the Plaintiff’s assertion, if the Defendant did not request the construction work to be carried out in accordance with the modified design drawing, the Plaintiff is included in the agreement on the instant construction contract as to the original design drawing (Evidence 1-1 of the evidence No. 1 of the instant construction contract) under the instant construction contract.

Since the construction work is completed according to the construction contract and it is sufficient to demand the defendant to pay the contract amount stipulated in the construction contract, whether there was a substantial change in the design or not does not affect the above judgment.

ii) Doese

3. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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