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(영문) 서울중앙지방법원 2015.01.15 2014가합576885

구상금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be from October 30, 2009 to December 18, 2014.

Reasons

Defendant A Co., Ltd. entered into a ceiling transaction agreement with the Plaintiff on September 7, 2007.

Defendant B and C guaranteed the obligation of Defendant A under their contract.

On February 2, 2009, the Plaintiff issued an advance payment guarantee under the Credit Agreement.

(The Plaintiff paid 564,806,300 won as advance payment deposit to the guarantee creditor on October 30, 2009, when a guarantee accident occurred. The Plaintiff paid 564,806,300 won to the guarantee creditor on February 2, 2009.

On the other hand, Defendant A Co., Ltd. divided the company on April 6, 2010 and established Defendant Hub Construction Co., Ltd.

The Defendants are jointly and severally liable to pay to the Plaintiff the indemnity amount of KRW 229,740,864 ( KRW 564,806,300 - the recovered amount of KRW 335,065,436) and the delay damages.

(Judgment through Service by Public Notice: Article 208 (3) 3 of the Civil Procedure Act)