(영문) 서울중앙지방법원 2020.01.17 2019나31466

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(영문) 서울중앙지방법원 2020.01.17 2019나31466

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 20, 2018, the court of first instance rendered a judgment in favor of Plaintiff on July 20, 2018 after delivering a copy of complaint and a notice of date for pleading to the Defendant by service by public notice. On July 23, 2018, the original of the judgment was also served on the Defendant by public notice. Thereafter, on June 3, 2019, the Defendant was served with a certified copy of the Seoul Southern District Court Decision 2019Kao101455, which made the above original judgment as the title of execution, on June 3, 2019, upon submitting an application for perusal and duplication to the first instance court on June 5, 2019, and subsequently became aware of the fact that the first instance court rendered a subsequent appeal on June 12, 2019, which was within two weeks thereafter, was subsequently filed by the record, and thus, the Defendant’s subsequent completion of appeal cannot be deemed lawful due to the Defendant’s failure to comply with the requirements for the peremptory period of appeal.

2. The plaintiff's assertion that the defendant is in a joint investment relationship with the plaintiff and the representative of Eul Co., Ltd., who prepared a construction contract with the plaintiff, and the defendant directly paid part of the construction cost. Since an electronic tax invoice was issued in the name of the defendant, the defendant is obligated to pay the plaintiff the balance of the construction cost in the D Youngpo Point D Youngpo Point 20 million won and damages for delay.

3. According to each of the statements in Gap evidence Nos. 7 through 14, it is recognized that the party who entered into a contract with the plaintiff (formerly changed company: G) for an additional construction contract and the construction cost of KRW 40 million is an individual who is not the defendant, as the party who entered into the contract with the plaintiff (formerly changed company: G) on April 1, 201.

On the other hand, evidence Nos. 6 and 15 are respectively.

유사 판례

-서울중앙지방법원 2020.01.17 2019나31466

-서울중앙지방법원 2019.05.03 2018나36778

-서울중앙지방법원 2020.02.14 2019나42343

-서울중앙지방법원 2014.12.23 2013나34326

-서울중앙지방법원 2015.02.03 2014나57036