(영문) 수원고등법원 2020.03.19 2019나13243

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2020.03.19 2019나13243

추가 공사대금 청구

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, adding, or deleting the reasoning as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

(1) The court of first instance held that, even if the evidence submitted by the plaintiff was found to the court of first instance, the fact-finding and judgment of the court of first instance is justifiable in view of the evidence duly adopted and examined by the court of first instance, and there is no error as alleged by the plaintiff as the grounds for appeal). Each of the "Defendant C" in the judgment of first instance is "Defendant C", "Defendant D" is "D", and each "Defendant" is "Defendant and D".

The third part of the judgment of the court of first instance (excluding the part on the ticket) and the second part (excluding the part on the ticket) shall be added as follows:

C. The Plaintiff completed the instant construction within the construction period stipulated in the instant contract. Meanwhile, the Plaintiff and the Defendant received a payment of the construction cost as stipulated in the instant contract from June 29, 2016 to September 12, 2016 as a divided loan to the Defendant of the Plaintiff, Inc. (hereinafter “I”), and sent a written request for payment of the value-added tax (excluding the value-added tax) to I (the Plaintiff and the Defendant’s joint seal) over ten times. Accordingly, the Plaintiff received from I a transfer of KRW 1.1 billion (excluding the value-added tax) of the construction cost as stipulated in the instant contract (excluding the KRW 20,100,000,000,000,000,000 from the Defendant (excluding the portion of KRW 1,1438,500,000,000,000). In addition, the Plaintiff issued a separate lawsuit (excluding the portion of KRW 1,500,000,000) from the Defendant.

Part VI through part VI of the judgment of the first instance.

참조조문

-민사소송법 제420조

유사 판례

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