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(영문) 서울고등법원 2015.10.21 2015나2010712
임대보증금선수금 등
Text

1. The plaintiff's successor's appeal is all dismissed.

2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the court’s explanation is as follows, except for the subsequent determination as to the assertion of the plaintiff’s succeeding intervenor added in the court of first instance as to the argument of the plaintiff’s succeeding intervenor added in the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, this is accepted

. The 4th page of the first instance judgment shall be referred to as the "time limit".

Part 5 9 "This Court" is dismissed as "In Mancheon District Court", and in 12 of the same Myeon 12 (based on recognition), "part of witness G of the trial court" is added, and 13 "the witness" is added as "the witness of the trial court".

2. The Plaintiff’s succeeding intervenor on the Plaintiff’s assertion added at the trial of the trial, and D had the responsibility to cancel the contract for historical development services from the Korea Railroad Corporation in around 2009 due to the violation of the duty of integrity. However, in such a situation, even if the Plaintiff (Withdrawal) paid the performance bond, etc. to D, the Korea Railroad Corporation would no longer promote the instant project, and thus, when the rescission of the contract for historical development services is possible, the Plaintiff (Withdrawal) could no longer promote the instant project. Therefore, in order for D to demand the Plaintiff (Withdrawal) to pay the performance bond, etc. of the contract, it should have been prior to the measure that D itself would not be subject to the cancellation of the contract

Therefore, without taking such measures, asserts that the cancellation of the instant agreement is improper on the grounds that the Plaintiff (Withdrawal) urges the Plaintiff to pay the performance bond, etc. of the agreement and fails to perform it.

Article 14 (1) 4 of the Agreement on the Promotion of Projects for the Development of Ecombined Station by the Korea Railroad Corporation and D shall be deemed to be impossible to implement the project due to a violation or other reason, a violation of social water, a trend of credibility, etc.

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