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(영문) 서울고등법원 2019.10.18 2019나2022485
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from those asserted by the plaintiff in the court of first instance, and it is justifiable to dismiss the plaintiff's claim on the principal lawsuit and to find facts and decide by the court of first instance which admitted the defendant's claim on the counterclaim, even after re-examination of the plaintiff'

Therefore, the reasoning for the judgment of this court concerning the instant case is as stated in the reasoning of the judgment of the first instance except for the following dismissal or determination of the Plaintiff’s additional assertion in this court. Therefore, this Court’s reasoning is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

[Supplementary part] Each "Defendant Company" in the third five pages of the judgment of the court of first instance shall be dismissed as "Defendant".

Each "Plaintiff Company" in the judgment of the court of first instance shall be 5 pages 3, 10 pages 8, 10, 15, 11 pages 8 through 9, 13, and 12 pages 8 as "Plaintiff", respectively.

On the 3th page of the judgment of the first instance, the "14. Ground Entry and Payment Materials of 14. Ground Entry and Payment Materials of 14. Ground Entry and Payment Materials" shall be raised as "14. Ground Entry and Payment Materials".

On the 6th page of the judgment of the first instance, the term “the period of 7 parallels in the table” shall be deemed to be “the fixed period”, the term “record” of 12 parallels in the same table shall be deemed to be “the purpose”, and “the term “this” shall be deemed to be “the place”, and the term “permanents” of 17 parallels in the same table shall be deemed to be “the facilities”.

The witness I's testimony of the 9th judgment of the first instance court shall be "the testimony of the first instance court witness I" of the 12th judgment.

On the 11th th th th th th th th th th th th st st st st st st st st

2. Additional determination

A. The gist of the Plaintiff’s assertion 1) Of the instant contract, the part on the external materials and trial operation cost of the instant contract is unilaterally responsible to the Plaintiff for the occurrence of any additional costs difficult to expect at the time of entering into the contract, and the parties are prohibited from entering into an unfair contract. Article 22(5)3 of the Framework Act on the Construction Industry that prohibits either of the parties from entering into an unfair contract.

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