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(영문) 부산고등법원 2018.07.12 2017나58895
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. However, the evidence submitted in the court of first instance and the statement of Gap evidence 60 additionally submitted in this court are insufficient to reverse the judgment of the court of first instance.

Therefore, the reasoning of the judgment of this court is identical to the part against the plaintiffs in the judgment of the first instance except for the dismissal or addition as set forth in the judgment of the court of first instance as set forth in the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “1,828,330,365 won” shall be read as “2,381,385,565 won” and the phrase “1,828,330,365 won” in the 6th 7th 7rd 7rd 7rd 7rd 7rd 7rd 2,381,385,565 won, respectively.

8. Two pages, "(1) through (4)" shall be used from one to two paragraphs, and the following shall be added to not more than eight pages 20:

⑤ Even after the construction is in progress or discontinuance of construction, there is no evidence to deem that Plaintiff A sent a detailed statement of claim for flag, etc. to the Defendant, or claimed for construction cost and additional construction cost, etc. In this case, even though the term construction cost, etc. claimed to the Defendant in this case is a large amount of time to KRW 1.3 billion, the Plaintiff immediately recovered from the site after the discontinuance of construction, and did not exercise the right of retention, etc., and filed the instant lawsuit after approximately two years and 11 months thereafter.

3. In conclusion, the plaintiffs' claims should be dismissed in entirety as there is no reasonable ground.

The judgment of the first instance is justifiable in its conclusion, and all appeals by the plaintiffs are dismissed.

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