구상금
1. As to the Plaintiff’s KRW 338,347,182 and KRW 326,347,182 among them, Defendant B Co., Ltd., from January 27, 2016, and December 12.
1. Facts of recognition;
A. On April 27, 2011, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement between the Plaintiff and the Plaintiff on April 27, 201, setting the guarantee limit of 4,414,137,00 won, and the guarantee period from April 27, 2011 to April 26, 2014. The representative director D of the Defendant Company jointly and severally guaranteed the Defendant Company’s liability for indemnity.
(B) On November 28, 2011, Defendant Company entered into a credit transaction agreement between the Plaintiff and the Plaintiff on November 28, 201 with the limit of guarantee amounting to KRW 4,584,567,00, and guarantee period from November 28, 201 to November 27, 2014 (hereinafter “instant agreement”). The representative director D of Defendant Company jointly and severally guaranteed the Defendant Company’s liability for indemnity.
(2) (A) When the Defendant Company was unable to carry out construction works entered into with E Co., Ltd. (hereinafter “E”), E requested the Plaintiff to pay the deposit to the Plaintiff who entered into a guarantee agreement regarding the performance of the said construction works and the repair of defects.
(B) On January 26, 2016, the Plaintiff paid KRW 482,181,315 to E as contract performance guarantee, and thereafter, the remainder remaining after recovering KRW 155,834,13 of the amount of indemnity from the Defendant Company is KRW 326,347,182 (=482,181,315 - KRW 15,834,133).
(C) On February 9, 2017, the Plaintiff paid KRW 12,000,000 as a warranty bond to E.
B. D’s death, qualified acceptance and renunciation of inheritance (1) The representative director D’s death on February 17, 2015 (hereinafter “D”) and Defendant C and F, the deceased’s heir, were children.
(2) On June 23, 2015, the Seoul Family Court (Seoul Family Court 2015Hun-Ma3368), Defendant C was subject to a qualified acceptance trial, and F was subject to a waiver trial on renunciation of inheritance.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 and 2;