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(영문) 전주지방법원 2020.06.04 2019나8422
배당이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant added or emphasized by the court of first instance, and thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. In light of the following circumstances revealed in light of the evidence submitted in the first instance court for further determination, the statement in the evidence No. 9 and the purport of the entire pleadings, namely, ① the Defendant’s assertion that he suffered losses equivalent to KRW 120,00,000 due to water leakage in Jbyra, thereby not disclosing the amount of damages or its details; ② the contract amount of Katho Corporation contracted to H is 20,000,000 won, it is difficult to easily understand that the amount of damages due to the defect in the above construction reaches six times the contract amount; ③ even if based on the deed submitted by the Defendant on May 17, 2018, the sale and purchase price of Katho constitutes the above 120,000,000 won prior to Latho Corporation’s performance, and the Defendant’s assertion that the aforementioned amount constitutes a defect of 00,000,000 won, which appears to fall under the actual payment of damages to H by the Defendant, even if it appears to have been partially transferred its ownership in return.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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