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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The summary of the case and the facts premised on the case
A. The summary of the instant case asserts that the Plaintiff, one of the co-contractors of the joint contractor for the construction of the 3rd block apartment of Jinyeong-gu 3rd apartment section, was an accident of guarantee due to the unilateral discontinuance of construction works by Sungsung C&C Co., Ltd. (hereinafter “S&C”), the subcontractor of the 2nd section of reinforced concrete (hereinafter “instant construction”) during the relevant construction, and that the advance payment guarantor, the Defendant, the guarantor of the contract, sought payment for the total amount of KRW 849,00,000 (= KRW 444,00,000,000 advance payment deposit of KRW 405,00,000) and damages for delay.
The first instance court rejected the plaintiff's claim on the ground that there is not sufficient proof of specific damages secured by contract deposit, and advance payment was revoked on the ground of the deception of Seongdong T&C, and the plaintiff appealed against this.
B. The reasoning for the court’s explanation as to this part of the premise facts is as follows: (a) the delivery was made on 4th 10 pages of the judgment of the court of first instance; and (b) the Defendant agreed to pay the amount of deposit within five days after completing the examination upon the Plaintiff’s request for the performance of the guaranteed obligation; and (c) the reasoning for the judgment of the court of first instance is as stated in the part of “2. Basic Facts” among the grounds for the judgment of the court of first instance. Therefore, the court’s explanation as to whether the Plaintiff’s lawsuit of this case is lawful (determination as to this part of the instant lawsuit’s defense) is identical to the part of “1. Determination as to this defense” among the grounds for the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure
3. The establishment and scope of the defendant's liability to guarantee the contract;
A. The Plaintiff’s assertion [Plaintiff] 1] The suspension of the instant construction work by Sungsung C&C, after the Plaintiff’s notice of performance.