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(영문) 대법원 2020.05.28 2017다201071
추심금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. On the ground of appeal No. 1, the lower court rejected the Plaintiff’s assertion that there was a special agreement between the Defendant and B regarding the progress payment for the instant construction project as the cost of the instant construction project when rescinding the instant construction contract, on the grounds as indicated in its reasoning.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the interpretation of a contract regarding the calculation provision of the price of a work for the work, or by failing

2. As to the ground of appeal No. 2, the lower court rejected the Plaintiff’s assertion as to the violation of the good faith principle.

Examining the record in accordance with the relevant legal principles, the lower court did not err by misapprehending the principle of good faith and the legal doctrine on abuse of rights.

3. As to the third ground of appeal, this part of the ground of appeal is about whether the court below's family register is appropriate.

As long as the above judgment of the court below was just, the legitimacy of this part of the judgment does not affect the conclusion of the judgment.

The grounds of appeal on this cannot be accepted without further review.

In addition, this part of the ground of appeal is merely an error of the selection of evidence and fact-finding which belong to the exclusive authority of the fact-finding court and cannot be deemed a legitimate ground of appeal

4. As to the ground of appeal No. 4, this part of the ground of appeal is merely an error in the selection of evidence and fact-finding which belong to the exclusive authority of the fact-finding court, and it cannot be viewed as

5. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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