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(영문) 서울고등법원 2016.05.13 2016나2000590
공사대금 등
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows. Thus, this court’s reasoning is identical to the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

o The following shall be added to not more than 13 pages 8 of the first instance court judgment:

“C) Even if the Defendant Union used all of the money received from the Plaintiff YY Construction and B for the repayment of loans to the safe savings bank, the said Plaintiffs are the Defendant Union. As such, the said Plaintiffs may exercise the right to indemnity against the Defendant Union, the principal obligor, as the principal obligor, on the part exceeding their own share as the fiduciary

The following contents are added to the 10th 10th 10th e.g., Seoul High Court Decision 9: c) as to the assertion of the exercise of the right to indemnity, the fact that the subcontractor, including the defendant union and the plaintiffs, and the members of the defendant union have entered into a loan agreement with the National Savings Bank as the representative borrower of the defendant union as seen above. According to the 2-3th e.g., the name of the borrower at the end of the loan agreement, the whole seal of the borrower, including the plaintiffs, is recognized. Thus, the fact that the fact that the name of the borrower at the end of the loan agreement has been affixed to the name of the borrower at the end of the loan agreement, and the fact that part of the inquiry reply about the National Savings Bank at the end of the first instance court cannot be deemed as the trust guarantor, and the above plaintiffs' assertion cannot be accepted on any other premise, as the above plaintiffs' assertion is added to

[C] If Defendant New Community awarded a blanket subcontract for the same development construction, and if the Plaintiffs respectively received a sub-subcontract from the same development construction, the Plaintiffs seek payment for the relevant construction cost and damages for delay from Defendant New Community in lieu of the same development construction, which is insolvent, in lieu of the same development construction.

o From the 10th judgment of the first instance court, "the same as the previous one" in the 19th judgment.

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