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(영문) 창원지방법원 2015.01.14 2013나11984
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The court of first instance accepted part of the Plaintiff’s claim on the principal lawsuit, and dismissed all of the remainder of the principal lawsuit and the Defendant’s counterclaim.

The part against the defendant in the judgment of the court of first instance was excluded from the scope of the judgment of the court of first instance because all the original defendants appealed, but the defendant's appeal was withdrawn.

2. The reasoning of the court’s explanation concerning the instant case by the court of the first instance is as follows: “The main office and counterclaim shall also be deemed to be a counterclaim” of the first head of the judgment of the first instance and Article 2-2.

(b) by striking paragraphs 4, 3, and 4, and 2;

(b) Article 3 (5) adds the result of fact-finding to the high-ranking marine corporation of the court of the trial to the ground for recognition as prescribed in paragraph (3).

(b) The part mentioned in paragraph (1) (4) and 2.

B. Paragraph 3 of Article 420 of the Civil Procedure Act is the same as the reasoning in the judgment of the court of first instance, except for each of the following parts, and therefore, it is accepted as it is in accordance with the main sentence of Article 420 of the same Act. [The part to be used] 3877 x 15,000 x 58,15,000 x 58,15,000 x the above K stated in the court of first instance and the court of appeal. However, considering that the above K stated in the court of first instance and the court of appeal that "it is not specific confirmation as to whether it was work as the plaintiff's work day," and the subcontract price was determined entirely M, it cannot be readily concluded that the defendant expressed his intent to pay work price as stated in the above several items, "No evidence No. 6-2, No. 66, and No. 20 60, the defendant bears the production cost of the entire block production cost."

“”

3. If so, the plaintiff's claim of the principal lawsuit is justified within the above scope of recognition, and the remainder is dismissed as there is no ground, and the judgment of the court of first instance is dismissed.

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