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(영문) 서울고등법원 2013.10.16 2013나13186
선급금반환
Text

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

Reasons

1. The reasons for this part of the recognition are the same as the reasons for the corresponding part of the judgment of the first instance except for dismissal or addition as follows:

(The main text of Article 420 of the Civil Procedure Act). In the judgment of the court of first instance, the term “construction of the defendant’s anchor” and “Defendant Specialized Construction Mutual Aid Association” are “Defendants” (hereinafter the same shall also apply). On February 28, 2013 when the decision of first instance was rendered on February 28, 2013 when the decision of commencement of rehabilitation proceedings was rendered on February 28, 2013 by the Seoul Central District Court 2013 Ma34, and C, the representative director of which was made at the time of the decision of commencement of rehabilitation proceedings, was regarded as the administrator, and the rehabilitation plan of June 28, 2013 was issued on June 28, 2013; hereinafter the same shall not apply).

The judgment of the court of first instance regarding “construction work” is deemed to include “the contract amount of 36,917,554,00 won for construction work, and the construction period from December 15, 2009 to November 13, 201.”

After the judgment of the first instance court No. 3, the amount of KRW 14,726,412,290 in consideration of the Plaintiff’s share ratio of 80.9% out of the contract amount of KRW 14,726,412,290 under the original contract of this case shall be KRW 11,910,965,320.”

Part 6-2 of the judgment of the court of first instance states "Advanced KRW 1,353,00,000" as "Advanced KRW 1,353,00,000 calculated on the basis of KRW 5,575,00,000 for the performance of the contract in 2010 x 30% x 30% x 80.9% (Plaintiff's share ratio) x 80.9% x 539,289,009 ," following the first instance court's judgment of KRW 1,353,00,000 - KRW 397,640,85 - KRW 416,106,06)."

No. 7 of the judgment of the first instance court (based on recognition), the phrase “A 9, 10, and 9” is added to the 15th judgment (based on recognition).

2. Determination

A. According to the above recognition of the Plaintiff’s 1 advance payment obligation as to the cause of the Plaintiff’s claim, it is within the guarantee period of the instant advance payment guarantee contract.

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