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(영문) 부산고등법원 2019.01.09 2018나51228
양수금
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. Recognizing the relevant portion of the judgment of the first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Pursuant to the main sentence of Article 420 of the Plaintiff’s assertion, the corresponding part of the judgment of the first instance (Articles 3, 11 through 4, 9) shall be quoted, and the end of which shall be “the Plaintiff shall be bound to pay the Plaintiff construction price at KRW 504,265,612 and damages for delay thereof, as well as the right to notify the transfer of the claim for the construction price under the instant subcontract and the second subcontract, which was transferred by the instant company (F, August 16, 2016) around March 2018, upon receipt of the assignment of the claim for the construction price under the instant subcontract and the second subcontract, and notified the Defendant of the assignment of the claim by delivery of the copy of the preparatory document as of July 24, 2018.”

3. In accordance with the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the judgment of the court of first instance (Articles 5, 15, and 11) shall be quoted, and even if the testimony of Gap, 14, 15, and 16, and evidence 17-1, 17-2, and witness G, which are additionally present at the court of first instance, are difficult to believe some of the facts alleged by the plaintiff, or they are deemed insufficient to reverse the fact-finding of the court of first instance.

4. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion. Thus, the plaintiff's appeal of this case is dismissed as it is without merit.

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