구상금
1.The preliminary claims of the first instance court, including the claims modified at the trial, are:
1. The scope of this court’s judgment: (a) under the premise that the Defendants’ liability for compensation is indivisible, the Defendants jointly and severally sought payment of the amount corresponding to the Defendants’ share to the Plaintiffs; and (b) in the event that the Defendants’ liability for compensation is a installment, the Defendants seek reimbursement of the amount of compensation calculated according to their respective share against the Plaintiffs.
As to this, the first instance court recognized the defendants' liability for indemnity as a installment, dismissed the plaintiffs' primary claim and accepted part of the preliminary claim.
As a result, only the conjunctive claim against the Defendants was appealed, the scope of this Court’s judgment is limited to the aforementioned conjunctive claim in the judgment of the first instance court.
2. The reasons why the court should explain this part of the basic facts are as follows: (a) except that the second document “10” under the fifth of the judgment of the court of first instance is deemed as “18 evidence”; and (b) the corresponding part of the reasons for the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance; and (c) thus, it
3. The reasoning for this Court’s explanation concerning this part of the instant defense is as follows: “The judgment of the court of first instance on the instant defense is identical to that of “the pertinent part of the grounds” under the main sentence of Article 420 of the Civil Procedure Act.
4. Judgment on the conjunctive claim
A. The gist of the plaintiffs' assertion is that the defendants are obligated to pay each of the money indicated in the "total sum" column for each defendant in attached Table 3 to the plaintiffs if the construction price debt of this case is divided in installments.
(b) An association’s obligation to pay indemnity for the occurrence of one liability for indemnity shall be either the proportion of shares to each member’s obligation, unless there is a special reason to the contrary.