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(영문) 수원지방법원 2019.04.25 2018나57940
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, except where the following is added to the third party’s first instance judgment following the second instance judgment; and (b) such reasoning is cited in accordance with the main sentence of Article 4

“The Plaintiff agreed to pay KRW 200 million to the 4th floor of the instant construction contract. In light of the fact that the portion of the 5th floor from the 2nd floor of the instant construction contract was completed in accordance with the instant construction contract, and the 6th floor was interrupted after the construction work was discontinued, the Defendants were exempted from the payment of KRW 87,192,00 for the remainder of the construction cost excluding the settlement amount of KRW 200 million from D while settling accounts of KRW 113,808,00 for the 113,808,000 for the 200,000, and the Defendants agreed to pay KRW 200,000 to the Plaintiff with the settlement agreement as above pursuant to Article 451(2) of the Civil Act. However, there is insufficient evidence to acknowledge that the construction work was interrupted due to the discontinuance of the construction work under the instant construction contract, and there is no further need to acknowledge that the construction work would continue to be paid in the entire construction contract.”

2. The decision of the first instance court is legitimate, and the plaintiff's appeal is dismissed.

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