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(영문) 대구지방법원 2019.10.24 2018나7977
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Even if the evidence submitted to this court by the court of first instance citing the judgment of the court of first instance citing the evidence duly examined, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is as follows, except for the following portions, and therefore, it is reasonable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 7th Myeon 2 of the first instance judgment "the instant house" is regarded as "the residential house near the ground and three lots of land, Gangwon-do Haak-gun, Haak-gun, and Seoul (hereinafter referred to as "the instant house")."

Part 2 of the judgment of the court of first instance is 17.

A. The standard subcontract agreement for construction works with respect to the 1st Construction Work, Inc. is ordered by E, and F, with respect to the 2nd Construction Work, submitted a written estimate to G. The evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendants are the debtor of the claim 1 and 2 in this case, and there is no other evidence to acknowledge it. Even if Nonparty H and F owned the claim 1 and 2 against the Defendants, the above claim has become extinct for the following reasons. The first part of the first part of the judgment of the first instance on the 4th page of the judgment of the court of first instance, “The whole purport of the entry and arguments in the evidence No. 2” is added.

The first part of the judgment of the first instance is to add “A according to the purport of each description of evidence Nos. 2 and 6 and all pleadings” to the first part of the judgment of the first instance.

3-4 of the first instance judgment, Defendant B entered into an agreement with H and F for the payment of the construction cost as above, and the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that Defendant B entered into an agreement with H and F for the payment of the construction cost as above, and there is no other evidence to acknowledge it otherwise.

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

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