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(영문) 부산고등법원(창원) 2017.11.23 2017나20084
선급금보증금지급
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is identical to the part of the reasoning of the judgment of the first instance except for the following cases, and thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The Plaintiff’s grounds for appeal do not differ significantly from the assertion in the first instance trial, and it is justifiable to find and determine the first instance court’s finding of facts and determination based on the evidence and materials added to this court. Of the judgment of the first instance, the part regarding “3.” (5.5:13) of the judgment of the first instance (5.5.13.) was as follows. 3. Where the Plaintiff asserts that a guarantee accident provided by the judgment guarantee insurance has occurred and seeks to pay the deposit, the fact of the occurrence of the relevant guarantee accident must be proved by the Plaintiff. The guarantee accident stipulated by the instant advance payment guarantee contract is that “the Plaintiff fails to comply with the obligation to return advance payment received under the instant construction contract,” and the Plaintiff’s failure to comply with the obligation to return such advance payment under the instant fourth construction contract.” Ultimately, it is difficult to acknowledge that the construction cost per each of the instant construction contracts was less than KRW 200,000,0000,000,0000,000.

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