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(영문) 대구고등법원 2016.11.23 2016나23879
보증금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which ordered additional payments under paragraph 2 below.

Reasons

1. After remanding the case, the Plaintiff brought an action against the Defendant for payment of KRW 590,895,360 as guaranteed amount under a guarantee agreement with the Defendant at the first instance court, and the first instance court rendered a judgment dismissing all the Plaintiff’s claims.

In relation to this, the plaintiff filed an appeal, and the court prior to the remanding of the case, partially accepted the plaintiff's appeal, and revoked the part against the plaintiff as to the defendant's guaranteed liability corresponding to the total amount of 19,870,000 won of promissory note Nos. 1 through 5 of the attached Table and damages for delay, and sentenced the defendant to pay the above amount and to dismiss the remainder of the plaintiff's appeal.

Therefore, the Plaintiff and the Defendant filed an appeal against each party’s losing part of the judgment before remanding. The judgment of remanding is dismissed by the Defendant’s appeal, and the Plaintiff’s losing part is reversed and remanded only. Thus, the scope of the judgment after remanding is limited to the Defendant’s guaranteed liability corresponding to the Promissory Notes 6 through 16, which is the part against the Plaintiff’s above losing part.

2. The following facts do not conflict between the parties, or are found to be proved by Gap evidence Nos. 1 through 10, 12 through 15, Eul evidence No. 4 (including the number when it is not specially indicated; hereinafter the same shall apply), the fact inquiry and reply to the Daegu Metropolitan City Construction Management Headquarters by the court of first instance to the Daegu Metropolitan City Construction Management Headquarters by the court of first instance, and the whole purport of the pleadings as a whole, and the statements No. 21-1 through No. 4 are insufficient to reverse this, and there is no other counter-proof.

1) The Daegu Metropolitan City Construction Management Headquarters (hereinafter “A”) concluded the instant subcontract on November 9, 201.

B) On November 9, 2011, A entered into a contract for construction works under which B construction works are subcontracted to A. (2) The part of the construction works of reinforced concrete among the construction works of the said building was built during the construction period from November 10, 201 to November 30, 201.

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