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(영문) 서울고등법원 2018.02.02 2015나2033852
물품대금
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. Quotation of judgment of the first instance;

A. The reasons why the court should explain the cited part of this case are as follows.

The decision of the first instance is identical to that of the first instance court, except for the revision of the judgment of the first instance and addition of the judgment in the second instance as referred to in the following paragraph 2, and it is also quoted by the main sentence of Article 420 of the Civil Procedure Act

B. Part 1) The amendment of the first instance court’s 5th judgment as “payment” of “the deduction” under the 13th sentence of the 5th judgment of the court of first instance. 2) The 6th judgment of the court of first instance referred to in the 4th judgment of the court of first instance as “the Plaintiff is not “the same,” and “the Plaintiff may be recognized as having supplied goods to the Defendant in accordance with the instant additional goods supply contract, according to the respective entries in the 2,8,9,13, and 14th judgment of the court of first instance as well as the witness D’s partial testimony.”

3) The first instance court’s 7th sentence “instant case” refers to the first instance court’s 7th sentence “the fact that the construction of the board has been completed is not a dispute between the parties.” The fact that the construction of the board had already been completed before the instant lawsuit was filed can be recognized by the testimony of the witness E of the first instance court, and the statement of the evidence Nos. 4-1 through 9, 5 through 7, 10, and 12 cited by the Defendant in the first instance court’s 6 and 7th sentence can be said to be insufficient only by the statement of the evidence No. 4-1 to 9, 5 through 7, 10, and 12, and the fact that the construction of the board had already been completed before the instant lawsuit was filed.”

2. Additional matters to be determined;

A. In determining the relevant assertion, such as the Fair Transactions in Subcontracting Act, the Defendant shall not directly pay the subcontract price corresponding to the portion that the subcontractor manufactured, repaired, constructed, or provided service, to the subcontractor, if any of the following causes occurs:

2. The project owner;

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