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(영문) 서울고등법원 2016.08.30 2016나2017482

보증금반환

Text

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. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. The amended or added part of the judgment of the court of first instance is deemed to be KRW 728,00,000,000 in the first instance judgment, which is deemed to be “ KRW 738,00,000.”

Article 55 (Payment of Security Deposit) (1) of the first instance judgment shall delete the following from the fourth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

19. The following shall be added:

On the 6th of the first instance judgment, the evidence No. 12 of the first instance judgment, “No. 6 and No. 7,” is added.

The following shall be added to the 9th judgment of the first instance following the 11th judgment:

⑤ Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1 and 2, the guarantee accident under each contract performance guarantee contract of this case is "the guarantee creditor has rescinded or terminated the contract within the guarantee period because the debtor has failed to perform the contract without any justifiable reason." According to Article 7 (5) of each of the subcontract of this case, where the principal contractor has terminated the whole or part of the contract under Article 25 (1) due to the failure of the subcontractor to perform the contractual obligation, the entire contract performance guarantee amount shall belong to the principal contractor. Article 25 (1) of each of the subcontract of this case provides that the principal contractor and the subcontractor may cancel the whole or part of the contract in the case falling under any of the following subparagraphs by setting a written notice for the execution date or a month, and then the contract is not performed within the said period:

According to the above facts of recognition, each of the instant cases.