보증금 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence presented by the defendant to the court of first instance was presented to this court
Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for a partial dismissal or addition as follows. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
An abbreviationd name set forth in paragraph (1) of the judgment of the first instance shall be used below the same as it is.
[Supplementary or added parts] A. 3 of the judgment of the court of first instance shall be added to the end of the 6th attached Table 3 of the judgment of the court of first instance, and the following 4 shall be added to the "Analysis 1" as the result of analysis. On the 4th attached Table of the judgment of the court of first instance, the "discharge 3" of the judgment of the court of first instance shall be added to the "discharge 3" as the "discharge 3" in the discharge outlet. The 7th attached Table of the judgment of the court of first instance shall be added to the "including "in the discharge outlet" as the "in the discharge outlet."
Part 8 of the judgment of the court of first instance, part 12 and 13 of the judgment "the fact that the defendant prepares a separate performance guarantee clause" shall be construed as "the defendant has a separate performance reserve payment guarantee system."
The following shall be added to the 8th judgment of the first instance, and the 4th and 5th judgment below:
Article 1 of the Terms and Conditions for Payment Guarantee of the Defendant provides that “The Defendant shall pay the Plaintiff the obligation according to the terms and conditions stated in the letter of guarantee and the terms and conditions for failure to perform the obligation to return advance payment related to the instant construction contract (limited to where the cause for return occurred within the warranty period) or the obligation to perform to the Plaintiff.” Article 1 of the Terms and Conditions for Payment Guarantee also provides that “the Defendant shall pay the Plaintiff the obligation to the Plaintiff by failing to perform the obligation stipulated in the instant construction contract.”