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Reasons
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(영문) 서울중앙지방법원 2017.03.22 2015가단5123316
보증금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2012, the Plaintiff and A Co., Ltd. (hereinafter “C”) entered into a contract (hereinafter “instant contract”) with respect to D Corporation on August 18, 201 as the contract amount of KRW 2,021,00,000,000 with respect to D Corporation on August 18, 201, and on September 1, 201, as of the date of completion of construction (hereinafter “instant contract”) on February 10, 2012 (hereinafter “instant contract”).

(‘갑’은 원고를, ‘을’은 C을 가리킨다). ◎ 대금지급 조건

1. 30% of the advance payment, 600,000 won (1) A shall pay 30% of the contract amount as advance payment to B for smooth performance of construction work, and Eul shall submit a certificate of guarantee issued by a guarantee agency referred to in subparagraphs of paragraph (2) of Article 4 if Gap requests submission of a letter of guarantee at the time of advance payment;

(4) A advance payment shall be settled according to the following formula whenever the consideration for the advance payment is paid:

(5) Where advance payment is paid, Gap may claim the return of the balance of the relevant advance payment in any of the following cases:

1. Where the contract is rescinded or terminated;

2. Where any condition of advance prohibition is violated. 6. Where there is any unpaid amount for the part of the advance payment at the time of claim for refund pursuant to the provisions of paragraph (5), the advance payment shall be appropriated first for the unpaid amount.

2. Payment for the completed portion of KRW 300,000,000 (the first aggregate of KRW 300,000) and KRW 300,000 (the second aggregate of KRW 300,000) and KRW 300,000 (the third aggregate of KRW 4).

3. Amount for completion: Receipt of any balance of 221,00,000 won after completion of the completion inspection.

B. B. On August 18, 201, C entered into a contract with the Defendant with the guarantee creditor as the Plaintiff (hereinafter “instant contract guarantee”) and the prepaid payment guarantee (hereinafter “instant advance payment guarantee”) with the following content.

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