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(영문) 부산고등법원(창원) 2017.12.21 2017나21025
구상금
Text

1. The plaintiff's selective claims added by this court prior to the remand are dismissed.

2. After an appeal is filed.

Reasons

1. After remanding, the Plaintiff filed a claim against the Defendant for the return of the subrogated amount under a contract between the original and the Defendant, and the first instance court dismissed the Plaintiff’s claim.

Accordingly, when filing an appeal, the Plaintiff added the Plaintiff’s claim for reimbursement on the ground that the Plaintiff was compensated for damages caused by the Plaintiff’s joint tort in addition to the above claim. Before remanding the case, the court accepted the claim for reimbursement in full and ordered the Defendant to pay 56,700,000 won and damages for delay.

As to this, only the Defendant appealed, and the Supreme Court reversed the part against the Defendant regarding the claim for reimbursement among the judgment prior to remand, and remanded this part of the case to this court.

Therefore, the part dismissing the claim for the refund of the subrogated amount under the contract becomes final and conclusive independently due to the Plaintiff’s failure to appeal. After remanding the case, the subject of the judgment by this court was reduced to KRW 24.2 million and its delay damages after returning the portion of the claim for reimbursement selected by the Plaintiff to the court prior to remand.

limited to this section.

2. Basic facts

A. The plaintiff is a corporation that operates the business of manufacturing shipbuilding machinery such as ship blocks, and the defendant runs the vessel processing business under the trade name of "C".

The plaintiff is operating a vessel block manufacturing factory in Changwon-si Jin-si D, and the defendant also registered his/her business as the location of the same place.

B. On January 1, 2009, the Defendant received a contract for installation work of shipbuilding block from the Plaintiff, and employed workers at a certain portion of the outdoor workplace of the Plaintiff’s company (hereinafter “instant workplace”).

C. On April 23, 2009, at around 08:10 on April 23, 2009, LPgas remaining in the underground underground pipelines of outdoor workplaces is explosiond.

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