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(영문) 대구고등법원 2019.04.25 2018나22818
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasons why this Court has made use of this part of the facts are as follows: (a) G Union, which is a mortgagee of the site of the instant construction project, of the third part of the judgment of the court of first instance, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except that the Defendant’s assistant intervenor is a mortgagee of the site of the instant construction project.

(2) The reasons why this Court uses this part of the judgment of the first instance court for the judgment on the cause of the claim is set forth in Section 2-A of the part of the reasoning of the judgment of the first instance.

Since it is the same as the statement in the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the defendants' defenses, etc.

A. With respect to the claim that the Plaintiff is only the nominal lender, the reason why the court uses this part of this part is that the “Witness” of the 5th sentence of the first instance judgment is a witness of the first instance court; the “Defendant” of the 3rd sentence is a “Plaintiff”; the “G Association” of the 5, 7, 8, and 12th sentence is a “Defendant Intervenor”; the “this court” of the 7th sentence is an “court of the first instance court”; the “this court” of the 8th sentence is an “Defendant Intervenor”; and the last part is an “court of the first instance court”; the part of the reasons for the judgment of the first instance except that the following is added

B. 1) Since it is identical to the statement in paragraph (1), it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. “The Plaintiff paid the construction price to the subcontractor, such as N company, O company, and P company, with progress payment received from the Defendant Company.

(See Q, R, S, T, U, and V, a subcontractor in relation to the instant project, received a provisional attachment decision against the Plaintiff as the right to preserve the construction price claim, or received a performance recommendation decision, payment order, etc. (each of the evidence A, Nos. 28 through 33), W, X, Y, Z, etc. from the Plaintiff as the recipient of the instant project.

(No. 34) and (10) The plaintiff

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