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(영문) 서울남부지방법원 2015.12.04 2015가합107039

구상금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 45,771,879,123 and the Plaintiff

(a) Of them, for KRW 43,435,638,048: < Amended by Act No. 1146, May 1, 2012>

Reasons

1. Facts of recognition and judgment

(a) In full view of the respective descriptions and the whole purport of arguments in Gap evidence Nos. 1 to 4 (including the number with each number), the following facts can be recognized:

The Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into an agreement on the guarantee period from July 25, 2007 to the date of approval for the public announcement of invitation of residents to the date of registration of ownership preservation, the guarantee amount of security amount to the date of registration of ownership preservation, the guarantee amount to the prospective occupants, the housing sale guarantee agreement with the guarantee creditor, October 17, 2007 from the date of approval for the public announcement of invitation of residents to the date of registration of ownership preservation, the guarantee amount of security amount to the date of registration of ownership preservation, the guarantee amount to the date of registration of ownership preservation, the guarantee amount to the date of registration of ownership preservation, the guarantee amount to the prospective occupants as the guarantee creditor, respectively.

At the time of the conclusion of each house sale guarantee agreement, the Defendant Company agreed with the Plaintiff on the following contents, and Defendant B and C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the respective house sale guarantee agreement.

On the part of Article 9, the Defendant Company would pay without delay the amount guaranteed by the Plaintiff to the guaranty creditor. (2) As to the amount paid under paragraph (1) of this Article, the Defendant Company would pay the Plaintiff a fine for negligence as prescribed by the Plaintiff from the date of the payment of the said deposit. The Defendant Company would promptly compensate for all the incidental obligations, including the substitute payment, the legal procedure expenses paid by the Plaintiff for the preservation of the claim, and the litigation expenses, by adding the Plaintiff a certain amount of damages to the Plaintiff. The Defendant Company and Defendant B and C of Article 11 would lose the benefit of time in the event of the occurrence of the causes stipulated in the written agreement, and shall pay without delay the amount guaranteed by the Plaintiff with the advance repayment obligation without notice or peremptory notice, and the Plaintiff would not raise any objection by exercising the right of reimbursement in advance. The Defendant Company’s default, which is the guaranty creditor.