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(영문) 서울고등법원(인천) 2020.11.13 2020나11320
공사대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as the reasoning of the judgment of the court of first instance, except where the court of first instance partially dismissed or added as set forth in paragraph (2) below and the defendant's objection to set-off in this court is additionally determined as set forth in paragraph

2. The phrase “this Court” in the fourth page (except for marks) of the judgment of the court of first instance shall be deemed to read “the court of first instance”.

If the judgment of the court of first instance 5 pages 18, “The amount of the construction payment that the Plaintiff transferred to G is KRW 62,00,000” shall be deleted.

In the fifth 19th 5th 19th 19th 19th 19th 19th 19th 19th 5th 19th 19th 19th 19th 19th 5th 19th 200,000 won of the construction payment claim against the Defendant (hereinafter “G”), the Plaintiff sought to deduct the said KRW 62,00,000 from the claim amount. However, the Plaintiff changed its assertion that the above KRW 62,00,000 should not be deducted from the claim amount on the ground that the agreement on the assignment of claims with G is terminated after the judgment of the first 1st 2nd 19th 19.

The six pages 6 of the first instance court's judgment "Ap. 7 and 8" are "Ap. 7, 8, and 18".

The second two pages of the judgment of the first instance shall be the "court of the first instance".

The following shall be added between 7 pages 15 and 16 of the judgment of the first instance:

④ Around August 9, 2018, K, the supervisor of the South-west Development in Korea, at the ordering place, appears to have made a statement to the effect that K, a supervisor of the South-west Development in Korea, notified the Plaintiff’s manager of the design change at the time of telephone conversations with L. However, the detailed content of the Plaintiff’s statement was delivered to C, and in order to proceed with additional discussions, the Plaintiff’s necessary documents should be submitted to C and the Plaintiff’s necessary documents should be continuously requested. As such, K’s statement alone is required.

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