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(영문) 부산고등법원(창원) 2017.10.12 2017나20497
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance except for the following parts used or added, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the existence and authenticity of the original copy of the evidence Nos. 3-2 (Co. 4 through 9, 17, 24, 30, 31, 33, and 39 of the first instance judgment, and the evidence Nos. 11, 11, 18, 3, 14, 21, and 24 of the first instance judgment, and the whole purport of the pleadings, the evidence submitted by the Plaintiff is insufficient to acknowledge the existence and authenticity of the evidence Nos. 3-2 (Co. 4 and 9, 17, 24, 27, 30, 33, and 39 of the first instance judgment, the evidence submitted by the Plaintiff, especially the evidence submitted by the Plaintiff, the appraisal by the appraiser J of the first instance trial, the results of fact inquiry by the representative director of the first instance court, and the witness of the first instance court, and there is no further evidence to acknowledge the Plaintiff’s direct consent of the first instance judgment.

(Plaintiff’s 11 to 12 of November 19, 2015, and the preparatory documents dated November 24, 2016) of the Plaintiff [11]

B. On May 17, 2012, the Plaintiff asserted that there was a direct payment agreement between the Plaintiff and the Defendants on May 17, 2012. However, the Defendant Company thereafter, on July 20, 2012, to the non-party company account, not the G or the Plaintiff’s personal account.

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