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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance No. 2-A.
As set forth in Article 2(1) of the first instance judgment, the term “Article 8 of the present contract” shall be amended to “Article 8 of the present contract” as follows: “No. 9 of the first instance judgment shall be amended to “No. 9 of the present contract”; “No. 9 of the first instance judgment shall coincide with the construction period of the present contract and the termination period of the contract of the present contract of the present contract of this case”; “No. 4 of the first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s second instance judgment’s second instance judgment’
B. Paragraph 2 of Article 2 of the Civil Procedure Act (amended Part 2) is as follows: (a) of the grounds of the judgment of the first instance as set forth in Article 4-3(c) of the grounds for the judgment of the second instance (amended Part 3) is identical to the grounds of the judgment of the first instance, and thus, (b) is cited by the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the amendment and addition (amended Part 1 - 1
Paragraph (1)
A. 1) A claim for the payment of a contract performance bond of this case was made in violation of the contract of this case (Article 34 (1) 4 of the General Conditions of the contract of this case), or it was clearly impossible to complete the construction of this case within the date of completion due to any cause attributable to himself/herself, or the construction was delayed for more than two months in comparison with the schedule of the scheduled progress (Article 34 (1) 2 of the General Conditions of the contract of this case, Article 8 (3) of the Special Agreement of this case), or Article 8 (2) of the Special Agreement of this case (Article 8 (4) of the Special Agreement of this case). The plaintiff cancelled the contract of this case for this reason, and the defendant is obligated to pay to the plaintiff the contract performance bond of this case of this case 1,870,000,000 won and delay damages.
[Modification Part 2] - Grounds of the first instance judgment No. 3
(b)(2) 2) The occurrence of a guarantee incident within the warranty period is impossible to achieve the objective and complete the completion date.