logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.11.27 2015나4025
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

The first instance court.

Reasons

1. The reasons why the cited party of the judgment of the court of first instance states concerning the instant case are as stated in the reasoning for the judgment of the court of first instance, except for the addition of the following “additional matters to be determined”, and thus, it is to accept it as it is in accordance with the main sentence

In full view of the grounds for recognition of the first instance court as well as the purport of the entire pleadings, ① the Plaintiff’s statement (it does not have received KRW 30 million out of the construction price from F, who is a partner of the Plaintiff) on November 11, 2014 on the date of pleading, and the Plaintiff’s statement on December 16, 2014 (only if the witness F, at the time of the instant construction work, was a partner) at the date of pleading, the payment to F, who is a partner, can be deemed as a legitimate payment to the Plaintiff and F, and ② receipt of KRW 30 million of the construction price in this case is justifiable. As such, the Plaintiff’s claim against the said F for reimbursement of KRW 30 million on the ground that there is a problem with the payment of KRW 30 million,000,000,000,000,000 to the Defendant’s final payment of the construction price, and the Plaintiff’s claim for reimbursement of KRW 00,000,000,00 for the Defendant’s final payment.

2. Conclusion, the Plaintiff’s claim is without merit.

arrow