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(영문) 대법원 2016.07.14 2014다201179
보증채무금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the primary claim

A. The so-called advance payment received under a contract for construction works provides the contractor with the payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment of the pre-payment without difficulty in the payment of materials and wages. In light of the above, if the contractor had to return the pre-payment of the pre-payment for reasons such as the cancellation or termination of the contract after the payment of the pre-payment of the pre-payment, barring special circumstances, the unpaid amount of the pre-payment of the pre-payment shall be appropriated as the pre-payment and the contractor bears the obligation to pay the remainder of the pre-payment of the pre-payment (see, e.g., Supreme Court Decision 9Da5519, Dec. 7, 199). In this case, how the contractor determines the details of the pre-payment of the pre-payment of the pre-payment payment should comply with the agreement between the parties to the contract.

Therefore, if there is a conflict of opinion on the interpretation of the contract on the details of the price of the work for the work, which is subject to advance payment, and the interpretation of the intention of the party expressed in the disposal document is at issue, the interpretation is based on the contents of the text, the motive, circumstances, and the agreement.

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