구상금
1. Of the judgment of the court of first instance, the Defendant Co-Defendant A corporation in the first instance and the Plaintiff jointly and severally KRW 124,00,000.
1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition as set forth in the following 2.1. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(However, Article 8 of the General Terms and Conditions for Business Transactions (Article 8 (1) of the General Terms and Conditions for Business Transactions) in Part 3 of the first instance judgment, which is used or added after being separated and confirmed .2.2. 2. 3. 3. 3.
On the fourth part of the first instance judgment, the first instance judgment " was judged," "The appellate court (Seoul High Court 2016Na5476) was now pending."
In the fourth judgment of the first instance, the defendants are jointly and severally liable for payment, and the defendants are jointly and severally liable for payment as follows.
Unless there are special circumstances, the defendant is jointly and severally liable with Codefendant A Co., Ltd. of the first instance trial to pay KRW 124,00,000 to the plaintiff within the limit of the amount guaranteed by the guarantee of this case (On the other hand, the plaintiff sought payment of damages for delay from the day following the delivery of a copy of the complaint of this case to the day of full payment of the principal amount, but the damages for delay from the day of full payment of the principal amount can not be included in the scope of the right of advance reimbursement. The right of advance reimbursement claims for the provision of funds for future repayment, and therefore the trustee guarantor cannot claim damages for delay against the amount not yet paid (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004). The part of the plaintiff
[2] If the intervenor and the co-defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd., the amount of the defect repair cost related to the instant construction within the limit of the guaranteed amount of the instant guarantee, 124,00.