구상금
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.
1. The reasoning for the court’s explanation on this part is as stated in the part of “basic facts” of the judgment of the court of first instance, except where the Plaintiff’s obligation under Section 4 of the judgment of the court of first instance is deemed as Defendant A’s obligation, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment as to the main claim
A. The Plaintiff’s assertion 1) C concluded a subcontract with the Plaintiff and did not pay the amount after concluding the equipment supply contract, etc. with each company listed in Nos. 1 through 11 listed in the annexed Table 1 attached hereto. Accordingly, the Plaintiff paid KRW 45,497,300 as stated in the “amount paid” listed in the annexed Table 1 attached hereto by subrogation of C. However, at the time of concluding the remaining construction contract of this case, Defendant A agreed to assume the responsibility and repayment of the obligation of Defendant A at the time of concluding the remaining construction contract of this case. Although Defendant A was in the form of a legal entity, Defendant A was merely an individual company of Defendant A, the Plaintiff is obligated to pay the amount equivalent to the above amount of indemnity to the Plaintiff. 2) After concluding the remaining construction contract of this case, Defendant A did not pay the amount after concluding the equipment supply contract, labor supply contract, etc. with each company listed in the annexed Table 9 through 21 attached Table 1 and the companies listed in
Accordingly, the Plaintiff paid 102,495,970 won in total as stated in the “amount A” column of attached Table 1 by subrogation of Defendant A, and agreed to pay 4,012,305 won in total as stated in the “amount” column of attached Table 2.
Therefore, Defendant A is obligated to pay the Plaintiff the amount of indemnity equivalent to the above amount.
3) Accordingly, Defendant A is obligated to pay to the Plaintiff the remainder KRW 95,005,575 (= KRW 102,495,970, KRW 444,012,305, KRW 45,497,30) calculated by deducting the remainder construction cost of the instant case from KRW 97,00,000 (= KRW 192,005,575 - KRW 97,000) (=the Plaintiff is the Defendants’ liability for indemnity amounting to KRW 95,05,575,00).