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(영문) 서울고등법원 2015.11.18 2015나2031740
보증금청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought payment of the advance return deposit and the contract performance deposit against the Defendant. The court of first instance rejected some of the claims for advance return deposit (195,790,566 won and damages for delay) and dismissed the remainder of claims, and dismissed part of the claims for contract performance deposit.

Accordingly, the defendant only appealed against the part against the defendant among the claims for advance payment return deposit, so the subject of this court's judgment is limited to the cited part among the claims for advance payment return deposit.

2. Basic facts

A. On June 30, 2010, the Plaintiff entered into a subcontract on the part of UAE Petroleum Chemical Complex Construction Work (hereinafter “instant Services”) among UAE Chemical Complex Construction Work (Name UAE Buge 3 Project), which the Plaintiff received from Abubiocom Korea (hereinafter “IEex”).

(hereinafter “instant subcontract”). The main contents of the instant subcontract are as follows.

Service Contract

2. Contract term: The contract term from February 21, 201 to March 15, 2014: US dollars 4,754,00 (hereinafter referred to as US$ hereinafter referred to as "$ 4,754,00) attached to the service contract term of Article 2(i) of the terms and conditions of the service contract (i.e., performance of the service of an entertainment architecture): The Entertainment shall, in providing the Plaintiff with technical services attached to this contract and attached Ma2 and attached Ma3, design services of its head office shall be deemed to be "determined amount".

Clerks settlement: Domestic and overseas business trips, on-site dispatch services, and additional services under this contract, etc., to be performed by the Entertainmentex at the request of the plaintiff shall be adjusted at the request of the plaintiff, and shall be added to and added

The unit cost applied to the actual cost settlement of human resources shall be governed by the service support group specified in attached 13 service cost calculation details.

Article 3 (Scope of Services) The execution of a contract or the provision of a service to be performed by an Entertainment shall be made on contractual documents.

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