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(영문) 대구지방법원 2015.01.15 2014가합200033

구상금

Text

1. The Plaintiff:

A. Construction Co., Ltd., Defendant Meritorious Construction Co., Ltd., Defendant Fisheries Construction Co., Ltd., and Defendant mobilization landscape.

Reasons

1. Basic facts

A. On May 10, 2004, the Plaintiff entered into a housing sale guarantee contract for the construction of a new housing unit for the Seocho-gu Busan Metropolitan Government High-dong Fishery Demburg apartment (hereinafter “instant parcelling-out guarantee agreement”) with Defendant Jad Construction Co., Ltd. (hereinafter “Defendant Mung Construction”), and issued a housing guarantee certificate of KRW 59,300,000,000 on the same day.

B. As to the instant sales guarantee agreement for Defendant Fisheries Construction Co., Ltd. (hereinafter “Defendant Fisheries Construction”) and Defendant Mobilization Construction Co., Ltd., the mission at the time of joint and several sureties was changed into “General Land Construction Co., Ltd.”, and thereafter, it was changed into a mobilization landscaping construction.

(hereinafter “Defendant Mobilization Construction”) and D, and E are jointly and severally guaranteed for all obligations owed by Defendant Mung Construction to the Plaintiff in accordance with the instant sales guarantee agreement.

C. Meanwhile, in the event that the Plaintiff paid the amount guaranteed by the Plaintiff to the guaranty creditor at the time of the sales guarantee agreement of the instant case, the Defendant decoration Construction agreed to compensate the said amount without delay, and to pay damages for delay as determined by the Plaintiff from the date of the payment of the said amount.

The rate of damages for delay determined by the Plaintiff is 14% per annum from September 15, 1999 to the date.

The details of the subrogation of the guaranty creditor shall be the sum of the amount calculated on January 8, 2010, 68,490,8035,259,200 on the date of collection of the amount of the fixed interest rate for the period of calculation of the interest on the subrogated payment (the original amount), the number of days for the calculation of the interest on the subrogated payment (the original amount) and the number of days for the period of calculation of the interest on the subrogated payment (the original amount). < Amended by Act No. 9315, Jan. 12, 2009; Act No. 9651, Jan. 9, 2009; Act No. 9414, Jan. 19, 2010; Act No. 9588, Jan. 9, 2009; Act No. 9788, Jan. 19, 205; Act No. 9004, Oct. 10, 2005>

D. The sum of the Plaintiff’s subrogated payment, the details of recovery, and the agreed damages for delay accrued from the date of subrogation to the date of final recovery under the sales guarantee agreement of this case shall be as listed below:

E. 1)D died on July 1, 2006 (hereinafter referred to as “the network”).