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1. The defendant's appeal and the request for return of provisional payment are all dismissed.
2. Expenses for filing an appeal, and those for filing an application for the return of provisional payments.
Reasons
1. Basic facts
A. On April 15, 201, Korea-Japan Construction Co., Ltd. (hereinafter “Korea-Japan Construction Co., Ltd”) concluded a contract on construction works (hereinafter “the instant construction contract”) between the Co., Ltd. and his/her static Machines and Equipment (hereinafter “static Machines and Equipment”) with respect to the construction cost of “technical equipment works from among the complex construction works in the Handong-dong Handong-dong Bridge Campus,” starting from April 15, 201 to November 30, 2012.
According to the agreement between the above parties, the instant construction contract was extended on November 23, 2012 by no later than June 21, 2013 without a change in the construction cost.
B. On April 30, 2012, the Defendant entered into a payment guarantee agreement for the instant construction project with the warranty period of KRW 354,412,230, and the subcontract consideration payment guarantee agreement with the warranty period of the instant construction project from April 15, 201 to November 30, 2012 (hereinafter “the instant guarantee agreement”).
C. The construction cost that is paid in cash by Hanil Construction in relation to the subcontracted work of this case shall be as follows:
회차 일자 기성금액 현금 미지급액 수령일 수령금액 1 2011-11-30 20,587,689 2011-12-20 20,587,689 0 2 2012-03-31 15,440,766 2012-04-20 15,440,766 0 3 2012-04-30 61,763,067 2012-05-20 61,763,067 0 4 2012-05-31 88,527,063 2012-06-20 88,527,063 0 5 2012-06-30 72,056,912 2012-07-20 72,056,912 0 6 2012-07-31 38,087,224 2012-08-20 38,087,224 0 7 2012-08-31 104,997,214 2012-09-20 104,997,214 0 8 2012-09-30 174,995,357 2012-10-20 11,161,330 163,834,027 9 2012-10-31 227,493,965 2012-11-20 21,408,560 206,085,405 10 2012-11-30 226,464,580 2012-12-20 71,713,280 154,751,300 11 2012-12-31 134,540,548 2013-01-20 48,139,156 86,401,392 12 2013-01-31 120,746,796 2013-02-20 120,746,796 0 13 2013-02-28 166,039,713 2013-03-20 166,039,713 0 14 2013-03-31 154,407,668 2013-04-20 154,407,668 0 15 2013-04-30 154,098,862 2013-05-20 154,098,862 0 합 계 1~10회 1,030,413,837 1~10회 505,743,105 총 1,760,247,424 총 1,149,175,300 : 보증기간 내 단위 : 원 라....