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(영문) 서울고등법원 2015.07.07 2014나2034933

계약보증금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the witness B's testimony in the first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's second instance court's first instance court's second instance court's second instance court's first instance court's second instance court's second instance court's second instance court's second instance's "each testimony in the second instance court's second and the second instance court's second instance witness D'

2. If the instant contract was terminated on February 28, 2013, as alleged by the Plaintiff, on or before the termination of February 28, 2013, the Plaintiff should have settled the price for the completed portion of the instant construction project as of February 28, 2013 pursuant to Article 33(1) (where the contract is terminated under Articles 31 and 32, the amount for the completed portion shall be settled without delay.) of the instant contract with A and B. The Plaintiff should have settled the price for the completed portion of the instant construction project as of February 28, 2013. However, on June 10, 2013 when the instant construction was completed, the Seoul Central District Court 2013Ga46, filed a lawsuit against A, and settled the price for the instant construction project and the Plaintiff’s losses, i.e., the representative director of the instant contract with A and the Plaintiff, i.e., the remainder of the subcontracted construction project with A and the Plaintiff’s direct payment contract with B.

3. Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.