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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Defendant is the implementer who operates the Posidong City Development Project (hereinafter “instant project”) with respect to the Posidong 1036-1,000 square meters of Sung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and the Plaintiff is the company jointly receiving the instant project from the Defendant, along with the Posi Construction Co., Ltd.
B. On August 6, 2012, the Plaintiff entered into a contract with the Defendant for the instant project and carried out the project. On February 28, 2014, the Plaintiff entered into a contract for construction works outside the complex and in the complex with respect to construction works outside the complex (hereinafter “instant contract for construction works”).
(1) Construction name: Construction works outside the complex or construction works within the complex, or (2) construction works outside the complex: 3,753,00,000 won outside the complex or 14,782,480,000 won in the complex or 14,782,480,000 won in the complex:
C. On the same day, the Plaintiff drafted “contract” and “Standard Contract for Private Construction Works” with the Defendant, and the main contents are as follows.
Article 6 (Payment of Project Costs) (1) "A (referring to the defendant; hereinafter the same shall apply)" shall be paid to A in full for the project implementation of "B (referring to the plaintiff; hereinafter the same shall apply)".
(4) When a request for the payment of project expenses (management expenses) of A is made during the project progress, it shall be deposited into the passbook of A within ten days from the date of such request.
Article 12 (Performance Bond for Construction Works) A shall submit cash, securities, guarantee certificates of construction mutual aid associations, etc. to A as a performance bond for construction works in accordance with the special agreement column at the request of A when performing construction works.
Article 24 (Cancellation, Termination, etc. of Contract A) (1) In cases falling under any of the following subparagraphs, A shall make a peremptory notice for correction in advance and continue to correct it even after the highest height is made: