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(영문) 서울서부지방법원 2015.11.26 2015나33032
구상금
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. The reasons for the explanation of this case by the party members citing the judgment of the court of first instance are as follows: (a) the entry of the evidence No. 13 is added to the defendant's assertion that the joint and several sureties had extinguished both the defendant's joint and several liability under the existing letter of guarantee issued by replacing the joint and several sureties from the defendant to B; and (b) the new argument of the defendant in the trial is identical to the entry of the reasoning of the judgment of the court of first instance, except for addition of the following determination

2. The Defendant agreed to extend the contract term of a contract for a self-information technology and Samsung SDR design and construction project by December 31 of the same year from the existing “within November 30, 2012,” and asserted that the instant guarantee accident occurred after the expiration of the guarantee period and that the Defendant’s guarantee liability cannot be recognized as the occurrence of the instant guarantee accident that occurred as a result of failure to implement the contract within the extended period. As such, it is insufficient to acknowledge the fact that the Defendant agreed to extend the contract term as above, solely on the written statement of evidence No. 15-1 of the evidence No. 15, and there is no other evidence to acknowledge it. Thus, the Defendant’s assertion is without merit without any need to review further.

3. Thus, the plaintiff's claim of this case can be accepted on the grounds of its reasoning. The judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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