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(영문) 서울고등법원 2016.09.02 2015나2045312
구상금등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except in cases where the part of the judgment of the court of first instance is rewritten or added as stated in the following 2. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A new or additional part of the judgment of the first instance; and

(a) Nos. 8, 18, 9, 10 of the judgment of the first instance court “the plaintiff and Hyundai Construction Joint Names” are “the names of current construction”; Nos. 11, 5 “2014”; and Nos. 17 and 5 “the defendant” are re-established “the current construction”, respectively.

(b) by adding “28,37,38,” “28, 37, 38,” and “27,” respectively, “28, 37, 38, 38,” following the 6th sentence of the first instance court.

(c)the following shall be added to Section 9(7) of the first instance judgment:

Even if the claim creditor due to the offset disposition is Hyundai Construction, Hyundai Construction notified the plaintiff that it would be possible to withdraw only the remainder after deducting the loan balance of moving expenses from the sale price on October 15, 2008; Hyundai Construction would offset the deposit of KRW 502,874,662 as above on December 26, 2008; Hyundai Construction would deduct the deposit of KRW 502,874,662 from the sale price to the plaintiff; Hyundai Construction stated that the sale price deposited in the account of this case is the plaintiff's funds and the offset amount was paid by the plaintiff on behalf of the plaintiff (Evidence 20-2) (Evidence 20-2). In light of the fact that Hyundai Construction appears to have subrogated as a joint and several surety for the defendant's moving expenses for Hyundai Construction, the defendant is obligated to pay the claim amount to the plaintiff.

(A) The Defendant submitted a preparatory document dated August 22, 2016, stating that the damages claim against the Plaintiff against Hyundai Construction and the Plaintiff is offset against the Plaintiff’s claim for reimbursement. However, this does not take into account in writing submitted after the closure of the pleadings on July 22, 2016.

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