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(영문) 서울고등법원 2018.06.08 2017나2034712
공사대금
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 court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the entry in the column of reasons not more than Grade 5 of the judgment of the first instance court, “Defendant B” is both “Co-Defendant B of the first instance court”, “Defendant C” is both “Defendant”, and “Defendants” are both “Defendant, etc.”.

No. 6 through No. 13 of the judgment of the court of first instance (No. 9) states that the Plaintiff did not have received a direct document, etc. with the Defendants regarding the instant construction (the Plaintiff’s name was stated in the confirmation document dated May 17, 2012, but this is merely a loan-related confirmation document and it is difficult to deem the Plaintiff to have entered into a direct contract with the Defendants on the construction of the instant building) “The Plaintiff did not have received a direct document, etc. with the Defendants regarding the instant construction” (No. 5). However, the Plaintiff’s name is merely a confirmation document related to the instant construction, and it is difficult to view that the Plaintiff entered into a direct contract with the Defendant on the construction of the instant building. The content of the above confirmation document does not constitute “the first agreement on the construction of the instant building by borrowing the instant construction as collateral,” and it does not constitute “the first agreement on the construction of the instant building before June 17, 2012,” and it does not constitute “the first agreement on the construction of the Plaintiff under construction agreement No. 2. 3.

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