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(영문) 서울동부지방법원 2017.02.10 2016나22228
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

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for correction or modification as follows.

Part 4 of the judgment of the first instance court, "No. 2-2 of the evidence A" shall be corrected to "No. 3-2 of the evidence A".

B. On No. 4 of the first instance court’s decision, “the material cost” is changed to “the remaining value of the material”.

C. On the 4th judgment of the first instance court, the entry of “A No. 8” through “No. 16” is changed as follows.

In light of the fact that more than five years have elapsed since the commencement of the construction at the time of removal and the fact that the construction was suspended, and the fact that the construction was stated in the evidence No. 5, the evidence submitted by the Plaintiff, such as the entries and videos in the evidence No. 1-6 and No. 8-13, is insufficient to recognize that the remaining value of the materials removed by the Defendant as of the date of removal exceeds the expected cost of removal, and there is no other evidence to prove otherwise.

The plaintiff's claim is without merit.

2. The plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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