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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 why this Court's explanation concerning this part of the underlying facts are as follows. The reasons why this Court explains are as to this part of the reasoning of the judgment of the court of first instance, except for the modification of subparagraph 1(e) of the reasoning of the judgment of the court of first instance as follows, and addition of "each description of evidence Nos. 1, 2, 3, 3, 3, 3, 4, and 5 of the evidence Nos. 1 and 2, 3, 4, and 5", based
E. On December 31, 2012, the Plaintiff, upon a request for direct payment to Nonparty Company’s subcontractors, remitted the total of KRW 245,538,800 to each of the accounts for each subcontractor designated by the Nonparty Company, as labor cost, on January 3, 2013, KRW 30,647,020, KRW 135,893,260 on January 4, 2013, and KRW 245,729,020 on January 11, 2013.
2. The parties' assertion
A. The Plaintiff’s payment of the prepaid construction cost to the Nonparty Company is KRW 358,363,80. Among them, the payment of the prepaid construction cost already paid by the Plaintiff to the Nonparty Company is KRW 245,538,800 (hereinafter “the payment of the prepaid construction cost”). As such, the remainder of the prepaid construction cost is 112,825,000. The Defendant is obligated to pay the Plaintiff the deposit of KRW 137,175,000 calculated by deducting the remainder of the prepaid construction cost from KRW 112,825,00 in accordance with the instant written guarantee.
B. Of the guarantee letter of this case, the limit of the deposit under Article 1(3) of the Advance Guarantee Clause provides that the guarantee creditor shall be the balance remaining after the unpaid progress payment is deducted from the advance payment within the scope of the amount guaranteed. Thus, the Plaintiff should have appropriated the unpaid progress payment prior to the payment of the amount of the advance payment.
Therefore, the advance payment that the Plaintiff is obligated to pay to the non-party company is entirely extinguished if it is appropriated for KRW 250,000,000,000 for the pre-paid payment of KRW 358,363,80,000. Accordingly, the security deposit that the Defendant is obligated to pay is all extinguished.