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(영문) 서울중앙지방법원 2018.11.02 2017가단5244187

구상금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 74,717,078 and as a result, from December 5, 2012 to January 24, 2018.

Reasons

1. Facts of recognition;

A. On July 28, 2004, according to the Plaintiff’s request for warranty of defects by Defendant B Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff entered into a limited transaction agreement with the warranty period until July 27, 2005. Defendant C guaranteed the Defendant Company’s obligation to the Plaintiff under the instant limited transaction agreement.

B. The Plaintiff issued each of the following warranty bonds in accordance with the said ceiling transaction agreement:

1. Guarantee number 1: D contract amount: 4,543,70,000 won for reinforced concrete construction (F complex): 227,188,500 won: the guarantee period on April 26, 2004 - April 25, 2007: (i) the guarantee period of 26 April 26, 2004; (ii) the second guarantee number of 36.4.6.6.6.6.6.9.6.9.6.9: H contract amount: 973,605,000 won; (iii) the guarantee period of 4.6.4.6.6.6.6.6.9.6.6.9.6.6.9.6.9.6.9.6.6.9.6.4.25.204.

C. When the Defendant Company was unable to perform the obligation to repair defects due to the nonperformance of the obligation, the Plaintiff paid KRW 97,711,619 to G Co., Ltd. on December 4, 2012 upon the claim for the payment of the warranty bond for the repair of defects by G Co., Ltd., and thereafter recovered KRW 18,321,572 from the Defendant Company.

[Reasons for Recognition] 1 to 4, and 7 Evidence A

2. Determination

A. According to the above facts of recognition, the Defendants jointly and severally paid 97,711,619 won to the Plaintiff in relation to the repair of the defect in the instant case at KRW 93,038,650, and KRW 18,321,572.