(영문) 서울고등법원 2018.02.05 2016나2066378

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.02.05 2016나2066378

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The grounds for this part of the underlying facts are as follows, except for the dismissal or addition of the reasons for this part are as follows, and thus, it is identical to the 10th to the 4th end of the judgment of the first instance.

[Supplementary or additional parts] The 3th 11th 1st 1st mar of the judgment of the court of first instance “,” and the 3th mar 11th mar mar mar mar mar mar mar mar.

The third 13th 2nd 13th 13th m in the judgment of the court of first instance “in the state of the completion of the structural frame to the second st st st st st st st st st st st st st st st st st st st st st st st

After the fourth 10th "Conclusion of the first instance judgment," the first 10th "(the first trust contract was concluded on March 27, 2013 between D and the Defendant, but the first trust contract was concluded on September 30, 2013 (Evidence 62) and the contractor and the PF lending financial institution, including the PF lending financial institution, are again concluded on September 30, 2013 (No. 24-1 and 2)."

After the fourth 12th 12th 2th 2 of the judgment of the first instance, “D” added “A” to “Ssco A&C architectural firm (hereinafter “ScoC”) to resume the instant construction, but the construction was again interrupted around February 2015.”

"Evidence A No. 47 and No. 64 and 65 of A" are added to "the grounds for recognition" at the last 4th of the judgment of the first instance.

2. Whether the Plaintiff’s right of retention has been infringed or not, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the court’s reasoning is as follows, except for dismissal or addition as follows.

[Supplementary or additional parts] On the 6th day of the judgment of the first instance, the 8th day below “30 persons” is regarded as “20 persons.”

The following legal principles shall be added to 7 pages of the first instance judgment.

Since the possession, which is a requirement for establishing a lien, includes possession through an assistant (Supreme Court Decision 2013Da84971 Decided January 29, 2015).

참조조문

-민사소송법 제420조

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