연대보증채무이행 청구
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the
However, under the following two paragraphs, part of the first instance judgment is written, and the judgment on the argument that the plaintiff emphasizes again is added in the following three paragraphs.
2. The volume of the enemy shall be written on 4th 11th 1th 1st son of the first instance judgment in the part, “for the defendant,” and “for the defendant, jointly and severally liable” in the 12th 12th , add “D”.
3. Determination of the attached articles
A. In relation to the selective claim, the Plaintiff asserts that the obligation to return the provisional payment of D’s claim against D is an obligation to return the provisional payment of D’s claim. Since the judgment of the first instance court on the claim for construction payment against D’s Plaintiff under the instant contract and the claim for damages in lieu of the defect repair against D’s claim for damages and the result of offsetting the claim for liquidated damages, the Plaintiff’s claim constitutes the obligation to return the restitution or the obligation to return unjust enrichment arising from the instant contract.
However, in light of the legal principles as seen earlier with regard to the nature of the duty to restore the provisional execution upon the invalidation of a declaration of provisional execution, it is difficult to view the obligation to return the provisional payment of this case to the plaintiff D, on the premise that the provisional payment of this case, which the plaintiff paid to D according to the declaration of provisional execution of the judgment of the first instance court of the case, constitutes the obligation to return the provisional payment of this case under the contract of this case, as the obligation to return the construction price, or as a modified obligation. Thus, the obligation to return the provisional payment of this case cannot be deemed to constitute the obligation
The plaintiff's above assertion is without merit.
B. As to the second selective claim, the Plaintiff’s obligation to cause the instant notarial deed is also appropriated for the instant construction cost of D and remaining after the Plaintiff paid to D.