보증채무금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is partly amended as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for further determination as to the assertion emphasized or added by the Defendants in this court under paragraph (2).
The plaintiff 6th 16th 16th son of the judgment of the first instance is as follows: "D on August 13, 2018." "2D" is not operated as a normal saw part of the instant agreement between the plaintiff and the defendant B as of August 10, 2018 and the third party as of August 10, 2018.
‘A' sent content-certified mail.
On August 13, 2018, the plaintiff raised "No. 12" of the 7th 11th of the first instance judgment "No. 12" as "No. 12 and 15."
2. Additional determination
A. The Defendants’ assertion 1) The purchase deposit amount of KRW 250 million in the instant purchase contract is not ordinary deposit, but does not have to be returned to the Plaintiff, in principle, because the Plaintiff paid the Defendants’ dissatisfaction. Since it was not possible to specify this in the instant purchase contract, it is only stated in the contract as a security deposit, and there is a duty to return only when there exists any cause not to verify the performance under subparagraph 4 of the special terms and conditions. 2) The phrase “where a public corporation fails to perform a performance test” under subparagraph 4 of the special terms and conditions of the instant purchase contract should be interpreted to mean only where it is objectively impossible to verify performance.
D The Defendants are not obligated to return the deposit to the Plaintiff, as they refused to use the fire fighting unit supplied without justifiable grounds.
B. 1) First, as to the nature of the purchase bond under the purchase contract of this case, the health unit, the evidence mentioned above, and the evidence Nos. 11, 13, and 14 (if any, the number is included)
The details and nature of the purchase agreement of this case, which is acknowledged as being added to the whole purport of the pleading, are as follows.