구상금
1. The Defendants shall be jointly and severally and severally with a watering construction company within the scope of the property inherited from the network C.
1. Basic facts
A. The Suwon Construction Co., Ltd. (hereinafter “Sewing Construction”) was subcontracted by Hyundai Construction Co., Ltd. (hereinafter “Sewing Construction”) with “Sewing structural frame building construction in the Gu-gu.”
B. On May 8, 2007, the Plaintiff guaranteed the guarantee limit of KRW 7,064,883,00, the basic limit on loans (including operating funds, construction funds, and bill discount) to KRW 275,082,00, and the contract period from May 8, 2007 to May 7, 2010, each of the Plaintiff bears the obligation that the Suwon Construction bears in performing the said construction. However, where the Plaintiff pays the guarantee deposit to the guarantee creditor, the Plaintiff entered into a guarantee loan transaction agreement with the effect that the Suwon Construction shall pay the said amount to the Plaintiff, and C jointly and severally guaranteed all the obligation that the Suwon Construction bears to the Plaintiff with respect to the said limit transaction agreement.
C. On July 11, 2007, the Plaintiff entered into a contract for performance guarantee with Hyundai Construction and Guarantee Period from June 25, 2007 to September 30, 2008 with respect to the said construction, the guarantee creditor was set as KRW 575,527,702, respectively, and issued the contract performance guarantee certificate.
Since the Suwon Construction failed to perform the said construction upon the repayment on February 4, 2008, Hyundai Construction terminated the subcontract for the said construction on February 5, 2008, and on September 21, 2009, claimed KRW 294,000,000 as contract deposit to the Plaintiff. Accordingly, on September 24, 2009, the Plaintiff paid KRW 294,000,000 as contract deposit to Hyundai Construction.
E. The Plaintiff collected KRW 66,282,737 out of the contract performance guarantee amount from salary construction, and did not receive the remainder of KRW 227,717,263 (=294,00,000 - KRW 66,282,737).
F. On the other hand, C died on September 15, 2014, and C jointly inherited C, a child of C.
G. On November 6, 2014, the Defendants’ inheritance of C’s property by the Seoul Family Court No. 2014Ra10545.