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(영문) 대구고등법원 2016.02.17 2015나20934
선급금보증금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The 2nd judgment of the court of first instance as to the payment of advance payment pursuant to the special terms and conditions of the construction contract of this case, even if the execution standard of the government tender and contract of this case applies to the construction work of this case, Article 37 of the above government tender and contract execution standard merely purports that the remainder of advance payment already paid after deducting the amount equivalent to advance payment according to the nature and ratio at the time of the claim, from among advance payment already made by settling accounts at the time of payment of the completed portion or the payment of the completed portion, should be actually paid. In a case where the pre-existing performance rate of the pre-existing performance prosecutor is excessively calculated, the excessive performance rate is legitimate or part of the amount paid for the completed portion or the completed portion shall be converted into "pre-paid amount." Thus, the defendant's above assertion

The court's explanation about this case is based on the reasoning of the judgment of the court of first instance.

3.(a)

2) Paragraph (5) [Article 420 of the Civil Procedure Act shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the first instance judgment is the same as that of Section 5 to Section 18 as follows.

2. As such, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remainder shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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