구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for adding or adding as mentioned below 2, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition or dismissal - the addition or dismissal - the addition of the following to the 5th page 13 of the first instance judgment:
E. The Plaintiff filed the instant lawsuit against the Defendant, Gyeonggi-do Kimpo-si, and F with respect to the insurance money paid due to the instant accident. On January 25, 2018, the first instance court rendered a ruling of recommending reconciliation containing the content that “Defendant, and F shall jointly and severally pay to the Plaintiff KRW 73 million until March 20, 2018. The Plaintiff shall waive the respective claims against the Defendant and F.” (hereinafter “instant ruling of recommending reconciliation”). The Plaintiff, Gyeonggi-do, and F did not raise any objection against the instant ruling of recommending reconciliation, and the Plaintiff’s claim against Kimpo-si, and F among the instant lawsuit was finalized by the instant ruling of recommending reconciliation, while the Defendant filed an objection against the instant ruling of recommending reconciliation, the first instance court rendered a judgment against the Defendant by raising an objection against the instant ruling of recommending reconciliation.
F. On March 30, 2018, after the judgment of the court of first instance was rendered, the Plaintiff collected KRW 48,142,722 by enforcing compulsory execution against the Defendant by means of the claim seizure and collection order, which was issued by the Suwon District Court Branch 2018TTT 30652. On April 16, 2018, the Plaintiff collected KRW 18,247,954 by enforcing compulsory execution against F by virtue of the claim seizure and collection order, which was issued by the Incheon District Court Branch 2018TT 32125.
- Parts 7, 21, 9, and 2 of the first instance judgment shall be completed as follows.
In addition, where the contractor has reserved the right of supervision over the progress and method of the work of the contractor, the relationship between the contractor and the contractor shall be practically the employer and the employee.