채무부존재확인
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Under the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the reasoning of the judgment of the first instance (from 4th to 7th below, on the ground of the judgment of the first instance) shall be quoted in this part of the basic facts.
However, the attached "project agreement" and "agreement" of the judgment of the court of first instance shall be replaced by the attached "project agreement" and the attached "agreement" of this judgment.
2. The parties' assertion
A. Article 1 of the instant agreement provides that the performance guarantee bond shall be reverted to the Defendant only if the cause for the Plaintiffs’ failure to conclude a sales contract on the appropriateness of the loan or loss of profit due to the reasons attributable to the Plaintiffs, and both of the above two reasons arises due to the reasons attributable to the Defendant as follows. ① The Defendant failed to resolve the problem of restriction despite its duty to resolve the problem of restriction even in accordance with the instant project agreement. In conducting an appraisal of the deficit for the purpose of concluding a sales contract on the transshipment, it is necessary to follow the method of using the appraisal result or selecting the appraisal company by the Republic of Korea, Guro-gu, and the Defendant on September 201, 201, which was made between the Republic of Korea, Guro-gu, and the Defendant, and the Defendant respectively, but the Defendant unilaterally selected the appraisal company and conducted the appraisal procedure by selecting the appraisal company. Accordingly, the failure to conclude a sales contract on the appropriateness is a cause attributable to the said Defendant (a problem of restriction or restriction is not a matter of limitation, or a unilateral progress.
② According to the instant agreement, in the event that a sales contract on the transfer of the instant loan is concluded by the date on which the sales contract was concluded or the maturity date of the loan, it shall be repaid through the receipt of PF loans or Bridge Lana, and, if the sales contract on the transfer of the instant loan is not concluded until then, the construction cost of the alternative correctional institution to be paid by the Defendant to be paid for