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1. Payment of money in the part of the judgment of the first instance, including a request for succession by this court for succession.
Reasons
1. In the first instance court, the Plaintiff joined the Defendants’ claim for confirmation of non-existence of obligation and the claim for monetary payment, and the Defendants filed a claim for a counterclaim against monetary payment. The first instance court accepted the claim for confirmation of non-existence of obligation during the principal lawsuit, partly accepted the claim for monetary payment (part of the claim for delayed damage) and dismissed the claim for a counterclaim.
Accordingly, the Defendants appealed against the part concerning the acceptance of the claim for monetary payment among the principal claim. As such, the subject of adjudication by this court is limited to the monetary payment claim partially accepted among the principal claim and the Plaintiff’s succeeding intervenor’s application for intervention by this court.
2. The reasoning for this part of the reasoning is as follows, except for the deletion of a part of the reasoning as follows, and thus, it is identical to the reasoning for the judgment of the court of first instance. Therefore, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to the 6th instance judgment of the first instance. 17th instance judgment:
F. The Plaintiff’s succeeding intervenor’s claim and collection order 1) The Plaintiff’s succeeding intervenor’s claim and collection order 253,620,669 won among the claims that the Plaintiff succeeded from the Defendant (hereinafter collectively referred to as “the Plaintiff’s succeeding intervenor and 8 persons, etc.”) is based on the original copy of the recommendation for settlement of construction cost in the Suwon High Court 2019Na1721 decided June 10, 2020, which was KRW 2020 and KRW 115644 decided on June 10, 20 and was paid by the Plaintiff as the debtor, the Defendants as the third debtor, and KRW 253,620,669 (the Plaintiff’s succeeding intervenor and the succeeding intervenor were paid by the Defendant, KRW 42,484,685 won, Plaintiff’s succeeding intervenor and the succeeding intervenor, Plaintiff 345, Plaintiff 351, Plaintiff and the succeeding intervenor and the succeeding intervenor, Plaintiff 2581, Plaintiff 2985, the succeeding Intervenor and the Intervenor.