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 allegations in the court of first instance, and even if the evidence submitted in the court of first instance is examined, the fact-finding and judgment of the court of first instance

Therefore, the reasoning for this Court’s amendment is as follows, and the defendant’s assertion that the court emphasizes or adds to this case is identical to the reasoning of the judgment of the court of first instance, except for further determination under Article 420 (2) of the Civil Procedure Act. Thus, this Court’s assertion includes summary language pursuant to the main sentence of Article 420

▣ 피고의 이 법원에서의 주장을 포함하여 제1심 판결문 제6면 제6행부터 제12행을 다음과 같이 수정한다.

【2) The Defendant asserts to the effect that the Plaintiff Company may refuse the payment of the construction cost until the Plaintiff Company submits the warranty bond to the Defendant under the instant construction contract. Since the Plaintiff Company’s obligation to submit the warranty bond is higher than the Defendant’s obligation to pay the construction cost, or at least the above two obligations are concurrently performed.

The obligation of the defendant to pay the unpaid construction price and the obligation of the plaintiff company to pay the warranty bond or the obligation to submit the substitute warranty bond within the scope of the warranty bond.

I would like to say.

(See Supreme Court Decision 2012Da48640 Decided October 11, 2012, etc.). Article 28(1) of the General Terms and Conditions attached to the instant construction contract provides that “The Plaintiff Company shall pay to the Defendant the amount calculated by multiplying the contract price by the rate of the warranty bond stipulated in the contract to guarantee the repair of defects of the construction works, and by the letter of guarantee issued by the guarantee agency until the payment for the construction works is made after completion inspection,” and the special agreement between the Plaintiff Company and the Defendant.