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(영문) 서울고등법원 2018.01.31 2017나2039335
보증금청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for this case, such as the acceptance of the judgment of the court of first instance, are the same as the reasons for the judgment of the court of first instance (except for the part of conclusion) except for dismissal or addition as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From 6th to 7th of the judgment of the first instance court, the 6th of the 20th to 17th of the 7th of the judgment is as follows.

Advance payments received according to the construction contract are not paid in general in relation to the specific work period, but part of the construction cost paid in relation to the whole project.

Where a contract for work is terminated or terminated after the payment of advance payment, the contractor shall be obligated to pay the unpaid amount of the contract for the work that falls within the period of time without a separate declaration of set-off unless there are special circumstances.

If the advance payment is appropriated for the unpaid construction cost, the contractor has the obligation to return the remainder.

(2) Article 12 of the Civil Act provides that “The value-added tax which was received at the time of cancellation shall be deducted) of the contract amount shall be paid as penalty if the contract is terminated due to any cause attributable to either of the parties, or if the contract is terminated, 12,209,340, and Article 12 of the Civil Act provides that “The value-added tax which was paid at the time of cancellation shall be deducted” (see, e.g., Supreme Court Decisions 97Da5060, Dec. 12, 1997; 9Da55519, Dec. 7, 199, etc.).

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