1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows. Thus, this part of the reasoning is cited by the court pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between 5-6 of the 3th sentence of the first instance court and 5-6 of the 3th sentence box.

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, the Plaintiffs or the Defendant may cancel or terminate all or part of the relevant contract when the contract has not been performed within the said period after demanding in writing the performance of the contract by fixing a reasonable period of time, and then the contract has been performed within the said period: (1) In the end of the box 3 of the letter box of article 3,

Article 25 (Cancellation and Termination of Contracts) (2) In any of the following cases, the Plaintiffs are entitled to the full or partial rescission of this contract after demanding the implementation of the contract within a fixed period of seven days. The Plaintiffs are entitled to the full or partial rescission of this contract after demanding the payment of the contract: 2. Labor expenses, material expenses, equipment expenses, food expenses, expenses, etc., which may be incurred due to the unpaid or delayed payment of expenses incurred in the course of the construction project. The Plaintiffs are deemed to read “by March 1, 2017” as “by March 1, 2017.”

2. The parties' assertion

A. The reasoning of the judgment of the court of first instance concerning this part of the plaintiffs' assertion is as follows, except for the addition of the reasoning as follows.

Since it is the same as the statement in the claim, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between pages 8 to 9-10:

The Plaintiff added the following grounds in relation to the claim for deposit under the first and second advance payment guarantee contract of this case to the court.

(1) The Defendant filed a claim for damages due to tort with D to deposit KRW 600 million in D and the Defendant’s joint management account for 40% of the advance payment that the Plaintiffs paid to D to the Corporation, thereby preventing them from investing into the construction cost, and even if the joint management was made to exceed the base rate for the joint management.