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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
(a) in Part 6 of the judgment of the first instance court, the term “T.T.” in Part 16 of the judgment of the first instance, and the term “T.T.T.” in Part 7, “T.T.” in Part 8, “T.T.T.”, respectively, shall be read as “Defendant”;
B. Parts 11, 21, 12, and 14, of the first instance judgment are as follows.
“. The Plaintiff is asserting that the Defendant’s obligation to pay the contract bond does not exist upon the termination of the instant contract on December 20, 2013 on the premise that the termination on December 20, 2013 against the Plaintiff was null and void. However, the fact that the instant contract was terminated on December 20, 2013 due to the Plaintiff’s nonperformance of the obligation is as seen earlier, as seen earlier. As such, the Plaintiff’s obligation to pay the contract deposit under the instant contract was reduced from KRW 96,713,235 [However, as the contract price was reduced from KRW 649,549,549,220 to KRW 644,754,902, from KRW 649,713,235 won (=64,754,902 x less than KRW 15 per cent and less than won) pursuant to Article 8 of the General Conditions for the instant contract.
As the plaintiff is deemed to belong to the defendant, the plaintiff is obligated to pay 96,713,235 won of the contract deposit as estimated damages for the failure to perform the contract of this case to the defendant, and the plaintiff's assertion seeking confirmation of non-existence of the above obligation is without merit.
3. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.