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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. In a judgment on the ground of appeal No. 1 as to the tort, where one of the multiple quasi-joint and several liability parties jointly and severally liable has paid one or more of the quasi-joint and several liability to obtain joint immunity, and exercises the right to reimbursement against the other quasi-joint and several liability according to the ratio of the liability, the ratio of the liability is determined. In addition, in a case where the quasi-joint and several liability parties jointly and severally liable have to take into account the degree of negligence corresponding to the degree of the obligation of each quasi-joint and several liability as to the occurrence or expansion of the tort and damages, and if it is deemed that there is a special internal legal relationship between the quasi-joint and several quasi-joint and several liability parties, if it is deemed that there is a significant violation of equity without taking into account the elements that are based on the substantial relationship, such factors shall be taken into account, and in certain cases, it is limited
(2) In light of the above legal principles, the Plaintiff is liable for joint tort against the Plaintiff and the Defendant for damages arising from the instant construction work, taking into account the following circumstances: (a) the Defendant’s execution of the instant construction work according to the design and construction method presented by the Plaintiff according to the contract with the Plaintiff; (b) the Defendant, a contractor, could not expect the Defendant to reduce the amount of digging over the design; and (c) the Plaintiff’s order to undertake the instant construction work according to the existing construction method appears to the effect that the Plaintiff would incur damages arising therefrom; and (d) the Plaintiff is liable for joint tort against the Plaintiff and the Defendant for damages arising from the instant construction work to C Co., Ltd. (hereinafter “C”).