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(영문) 서울북부지방법원 2015.07.07 2014나3663
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "New Construction Work" under Section 2, Section 4 of the judgment of the court of first instance; "No later than March 30, 2010," and Section 2, Section 10 of the judgment; "No later than the date on which the Plaintiff received reimbursement from C or the Defendant"; and "No other evidence exists to prove that each of the above documents was made by duress" under Section 19 of the judgment of the court of first instance. "No other evidence exists to acknowledge that each of the above documents was made by duress," and the testimony of the witness C of the court of first instance, it is insufficient to acknowledge that each of the above documents was made by duress, and there is no other evidence to acknowledge this otherwise; the amount set forth in the construction contract of this case under Sections 3, 13, and 15 of the judgment of the court of first instance with "no more than 48,000,000 won," and the evidence submitted by the Defendant alone is sufficient to acknowledge the above construction contract of this case from the Plaintiff.

2. The Defendant’s additional determination was made on November 13, 2012 that the Defendant agreed to accept C’s debt owed to the Plaintiff, and C prepared a pre-paid contract as of September 9, 201, by mistake, even though C did not have any debt owed to C, and the Defendant also prepared a written rejection of the said payment without hearing the statement that C was threatened with piracy, the husband of the Plaintiff, and without confirming the existence of the unpaid debt. As such, the said written rejection of payment was revoked by the Plaintiff or E’s coercion or mistake, and thus, it is not possible to comply with the Plaintiff’s claim.

C. Only the testimony of the witness C of the trial court, written evidence Nos. 40 and 41, and the testimony of the witness C.

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