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(영문) 서울고등법원 2017.05.19 2016나2072274
보증채무금
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the court shall dismiss "no special circumstances" as " barring any special circumstances" under Section 3 of Chapter 5 of the judgment of the court of first instance; and (b) other than additional descriptions, it is identical with the judgment of the court of first instance, and therefore, it shall accept it as it is in accordance with the main sentence of Article 420 of the

[Supplementary Decision] The summary of the Plaintiff’s assertion and the Dlim Construction agreed that the Defendant would immediately pay the unpaid amount if the Dlim Construction could not pay wages to workers employed by the Dlim Construction (Evidence No. 12).

However, the reason that Dlim Construction could not pay wages from April 25, 2015 to June 30, 2015 arises, and accordingly, the right to claim wages against the Defendant was created to the employees of Dlim Construction according to the above direct payment agreement.

The plaintiff paid wages on behalf of the above workers with the consent of the above workers, thereby releasing them from the obligation to pay wages under the above direct payment agreement of the defendant. Since the plaintiff can exercise the right to demand reimbursement of expenses for management of work against the defendant, the above workers subrogated and acquired the right to demand reimbursement against the defendant.

Therefore, the defendant is obligated to pay to the plaintiff the amount of subrogation 20 million won 1.77 million won and damages for delay.

o In light of the evidence No. 12, the above direct payment agreement was prepared to promote the smooth progress of the instant construction and the convenience of the Defendant’s payment method for dlim construction as well as the Defendant’s dlim construction, in light of the following: (a) the Defendant consented to the direct payment of the relevant amount out of the dlim construction’s non-receiving cost and the Defendant’s dlim construction’s dlim construction’s dlim construction’s dlim construction’s dlim construction’s dlim construction’s dlim construction’s dlim construction.

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