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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance court, the Plaintiff sought reimbursement of KRW 46,284,545, respectively, against the Defendants. The court of first instance accepted the part of KRW 6,605,898 and dismissed the remainder of the claim.
Accordingly, the plaintiff filed an appeal against the entire part against which he/she lost, but sought reimbursement of the amount of reimbursement of KRW 9,748,045 on February 2, 2015, and amended the purport of appeal as at the present time, applying for amendments to the purport of appeal.
Since the Defendants did not consent to the amendment of the above purport of the claim corresponding to the partial withdrawal of a lawsuit, the above amendment of the purport of the claim is unlawful and rejected. Accordingly, the plaintiff's request for amendment is maintained as it is. However, it is apparent in the record that the plaintiff has reduced the purport of appeal by filing an appeal only for the part of KRW 3,142,147 out of the part against the court of first instance (On the other hand, the defendant also agrees to the amendment of the purport of the plaintiff's appeal, but the amendment of the above purport of appeal is also a withdrawal of part of the appeal in its contents. The withdrawal of appeal does not require the consent of the other party (Article 393 (2) of the Civil Procedure Act requires consent of the withdrawal of lawsuit).
The defendant's consent does not affect any change in the purport of the plaintiff's appeal, and the subject of the judgment by this court is limited to the above part of the appeal.
2. Basic facts
A. At around 10:30 on December 22, 2009, C was an employee employed on the Hyundai Sign Co., Ltd. (hereinafter “former Representative”) and performed the installation work of bridge and draining facilities by boarding a DNA complaint work vehicle operated by Defendant A (hereinafter “instant complaint work vehicle”) at the construction site of the Egyang-Yan National Expressways located in the Egyang-Yan-Syang National Expressways located in the Egyang-Syang-gu, which had been performing the construction work under a contract with Hyundai Sign.
B. The above construction site is a river.