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(영문) 부산고등법원 (창원) 2018.12.13 2018나11391
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the judgment of the court of first instance, except for the case as described below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court, and the fact-finding and determination in the first instance court are deemed legitimate, considering all the additional arguments added by this court). 2. Of the three pages of the first instance judgment, the part of the "decision on the principal claim" in paragraph 2 of the second instance judgment shall be determined as follows.

“A. The summary of the Plaintiff’s assertion” borrowed a total of KRW 94,00,00 from the Plaintiff to the Plaintiff to use the Defendant Company’s operating funds, Defendant C, D, and E’s personal expenses. The Plaintiff paid KRW 58,00,000 in total for the preparation and commencement of the instant construction works. This constitutes an unlawful act prohibited by Article 22(1) of the Framework Act on the Construction Industry and Article 34-8 subparag. 2 of the Enforcement Decree of the same Act. Accordingly, the Plaintiff sustained damages of KRW 652,00,000 in total (= KRW 94,00,000,000 in total). Accordingly, Defendant C, D, and E as joint tortfeasor, Defendant Company is jointly and severally liable for damages to the Plaintiff under Article 389(3), Article 210 of the Commercial Act (Article 389(3) and Article 210 of the Commercial Act), Article 50 of the Civil Act, Article 60, and Article 506 of the employee’s Act.

B. Article 22(1) of the Framework Act on the Construction Industry includes a subcontract agreement for construction works.

on an equal footing, the parties shall enter into a contract fairly on an equal footing, and shall faithfully perform the contract in good faith.

Article 34-8 (2) of the Enforcement Decree of the same Act violates Article 22 of the same Act.

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