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(영문) 서울고등법원 2021.02.03 2019나2036101
계약보증금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

The reasoning of the court's reasoning of this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following parts, we accept this as it is by the main text of Article 420 of the Civil Procedure Act.

[Supplementary measures taken by the court of first instance] The first instance court’s 2 pages 9 through 15 of the first instance judgment [1. 1. Ga-1-2 of the basic facts] are as follows.

1) On August 8, 2014, the name of the Plaintiff was changed to the National Railroad Corporation, which was enforced on September 10, 2020 by the National Railroad Corporation Act.

It shall not be distinguished from the Korea Railroad Facility Corporation and the Korea Railroad Facility Corporation, but shall be marked as the Korea Railroad Facility Corporation.

The term “C Construction Work” (hereinafter referred to as “C Construction Work”) was set as contract amounting to KRW 94,227,00,000,000 and the construction period by August 10, 2017.

2) On May 29, 2015, the Plaintiff subcontracted to D Co., Ltd. (hereinafter “D”) the contract amount of “E Corporation” of KRW 11,341,00,000,00 for construction period, and the contract deposit of KRW 1,134,100,00 for August 10, 2017 from May 29, 2015 to August 10, 2017 (hereinafter “instant subcontract”). In the first instance judgment of the first instance, “D” of two parallels inside the text box “D,” and “B” of “Guarantee D” of KRW 16,16,” respectively, and “B” of the first instance judgment of KRW 1,34,100,00 for KRW 1,134,10,00 for KRW 16,00 for KRW 16,00 for KRW 3,00.

In the first instance judgment, the fourth to eight parallels (1. c. 1. c. 1) are as follows.

1) On June 10, 2015, the Defendant: (a) determined the period from May 29, 2015 to August 10, 2017 by the Plaintiff, the guaranteed obligee 1,134,100,000 won; and (b) determined the period from May 29, 2015 to August 10, 2017, the Defendant’s actual amount of damages suffered by the Plaintiff within the scope of the guaranteed amount.

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