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(영문) 서울중앙지방법원 2013.06.07 2012나50314
구상금
Text

1. The following payments shall be made to Defendant Construction Mutual Aid Association and Seoul Guarantee Insurance Co., Ltd. in the judgment of the first instance.

Reasons

1. The court's explanation on this part of the basic facts is identical to the part of "1. Basic facts" from the last 2th to the fifth 5th 18th am of the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the plaintiff primarily, the plaintiff, the defendant association, and the Seoul Guarantee Insurance are one of the obligations to return advance payment of the first construction contract through the guarantee of payment Nos. 1, 2, and 3; the plaintiff and the defendant Seoul Guarantee Insurance are the obligation to return advance payment of the second construction contract with the guarantee of payment No. 4 and 5; the plaintiff and the defendant Seoul Guarantee Insurance partially guaranteed one of the obligations to return advance payment of the second construction contract within their respective coverage amounts; and the plaintiff's payment without the deduction of the unpaid payment amount is the repayment of their own obligation. Accordingly, the defendant association and the defendant Guarantee Insurance claim for reimbursement according to the ratio of the guaranteed amount to the above defendants as to the joint exemption portion, and in preparation for the case where the claim against the above defendants is not accepted, they claim against the defendant A who guaranteed the joint and several liability of the plaintiff of the

As to this, the defendant union and the defendant Seoul Guarantee Insurance Co., Ltd. are divided obligations arising from the time of advance payment. The defendant union and the defendant Seoul Guarantee Insurance Co., Ltd. guarantee their repayment obligations at the time of payment of the first advance payment of the first contract for the first construction project, the plaintiff guaranteed their repayment obligations at the time of payment of the second advance payment. In the case of the second construction project, the plaintiff and the defendant Seoul Guarantee Insurance guaranteed their repayment obligations of advance payment paid at the different time. Thus, the above defendants guaranteed their repayment obligations separate from the plaintiff, and (2) even if they are the same obligation to return advance payment, they jointly guaranteed their repayment obligations with the plaintiff.

The plaintiff is also the plaintiff.

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