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(영문) 서울고등법원 2016.01.22 2015나2045435
보증금반환
Text

1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On September 30, 2010, the date of the change of the construction period of each of the instant construction contracts: (a) the second change of the construction period of 1,393,700,000 won on September 30, 201; (b) January 24, 201; (c) 2,274,140,000 won on September 30, 201; (d) 31, 30,50 on December 31, 2012 (Extension); (c) the second change of the construction period of 30,30,000 won on September 31, 2015 (amount increased); (d) 16,288,020,90 won on September 30, 201; and (d) 3, 2015 (amount increased); and (e) the Plaintiff extended the construction period of 30,500 won on December 31, 2012;

(A) Construction works by alternative by alternative by alternative to national highways (hereinafter referred to as “first construction works”) within the jurisdiction of Dongducheon-si, where the Plaintiff was contracted by the Seoul Regional Land Management Office.

(1) As to the contract, the first contract for construction work (hereinafter “the first contract for construction work”) established between September 30, 2010 and April 30, 201, with respect to the construction cost of KRW 1,393,700,000.

In addition, the first construction contract was amended as follows. (2) On August 2, 2011, the Plaintiff entered into a subcontract (hereinafter referred to as the “second construction contract”) with respect to the construction work for the second construction works for the second construction works for the second construction works for the second construction works for the second construction works for the second industrial complex in order that the Plaintiff was awarded a contract for the second construction works for the second construction works for the second industrial complex in order to ensure that the Plaintiff entered into a contract for the second construction works for the first construction works for the second construction works for the second construction works for the first time (hereinafter referred to as “second construction works”), and the contract for the second construction works was amended as follows:

The first contract for the construction period on August 2, 201, the date of the change, as of August 2, 201, KRW 6,435,00,00 on August 2, 201; KRW 6,370,100 on April 30, 201; KRW 6,370,100 on January 25, 2012; and KRW 9,488,600 on April 30, 2013; KRW 30,00 on August 2, 201 (amount increased); and KRW 30,00 on August 3, 201; KRW 30,00 on August 3, 201; KRW 35,00 on August 3, 201; KRW 125,60 on August 10, 203; and KRW 15,201 on August 13, 2013; and

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