보증금청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. I purchased each of the instant lands on November 5, 2014 where D had a new construction work of two houses (hereinafter collectively referred to as “each of the instant buildings”) on each ground of the land of the 582m2 square meters of forest land and the 582m2 square meters of forest land in Yongsan-gu, Seoul Metropolitan City (hereinafter collectively referred to as “each of the instant lands”).
D purchased each of the instant land from I on November 24, 2014.
B. On February 17, 2015, the Plaintiff and C (hereinafter referred to as “Plaintiff, etc.”) determined that “construction cost: KRW 390 million” and “construction period: from January 15, 2015 to March 15, 2015,” the Plaintiff and C (hereinafter referred to as “Plaintiff, etc.”) received payment from D as “construction cost: from January 15, 2015 to March 15, 2015.”
C. After completion of the instant construction project, the Plaintiff et al. occupied each of the instant buildings by asserting the right of retention that D would not pay the said construction cost. D, on October 8, 2015, sold each of the instant buildings to Songice Co., Ltd. (hereinafter “Songice”) and agreed to acquire D’s obligations against the Plaintiff et al. as part of the purchase price, and on June 2016, G succeeded to the status under the sales contract of Songice.
G purchased each of the instant buildings shall be paid by December 31, 2016 to the Plaintiff, etc., and G shall be paid KRW 390 million to the Plaintiff, etc., on condition that the guarantee company’s payment guarantee regarding the purchase was issued, the Plaintiff, etc. agreed to suspend the exercise of the lien on each of the instant real estate and deliver each of the instant buildings to G.
E. In accordance with the foregoing agreement, G entered into a guarantee insurance contract with the Defendant on July 1, 2016 (hereinafter “instant guarantee insurance contract”), and issued a guarantee insurance contract with the Defendant, stating that “a guarantee obligee: the Plaintiff”, “a guarantee amount: KRW 390,000,000”, and “a guarantee period: From July 1, 2016 to December 31, 2016” (hereinafter “instant guarantee certificate”) to the Plaintiff.
This case’s payment guarantee.