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(영문) 부산지방법원 2019.04.17 2018나58820
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The issues of the instant case and the issues of the first instance judgment are whether the instant insurance accident was attributable to the Defendant Company, and whether it was attributable to Nonparty D Co., Ltd.

As to the above issues, the first instance court determined that the instant insurance accident was attributable to the Defendant Company on the grounds that: (a) since October 2017, Defendant Company failed to pay wages, etc. to its on-site workers; (b) the construction was de facto interrupted under each of the instant contracts; (c) G, the actual manager of Defendant Company, sent a certificate of the content of urging the Defendant Company to proceed with the construction; and (d) the Nonparty Company, who is not resumed, appears to have cancelled each of the instant contracts; and (c) the instant insurance accident was attributable to the Defendant Company.

2. The judgment of the court of this case and the judgment of the court of first instance, even if the Defendants, which cited the judgment of the court of first instance, were to examine newly submitted evidence (Evidence No. 6-9) in consideration of the allegations and reasons supplemented in the trial, are justifiable

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance.

3. Therefore, the Defendants’ appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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