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(영문) 수원지방법원평택지원 2016.04.21 2015가합9709

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 204,724,383 and KRW 103,404,383 among them, from September 6, 2011 to 36.

Reasons

1. Facts of recognition;

A. On October 29, 2009, the Plaintiff concluded a guarantee limit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) for the guarantee limit of KRW 1,417,248,00 for the credit management fund, KRW 54,872,00 for the loan limit of KRW 54,872,00 for the credit management fund, KRW 79,80,000 for the security operation fund, and KRW 76,000 for the bill discount, and the period of the agreement was from October 29, 2009 to October 28, 2012.

B. Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company against the Plaintiff in accordance with the above limit transaction agreement.

C. The Defendant Company filed an application for warranty of defects with the Plaintiff while executing the construction work under a subcontract with the guarantee creditor, and the Plaintiff guaranteed the repair of defects as follows.

CD E E FG

D. Each of the above secured creditors notified the Plaintiff of the occurrence of a guarantee accident due to the nonperformance or discontinuance of the Defendant Company’s business and claimed the payment of the security deposit.

On December 21, 2010, the Plaintiff paid the warranty bond of KRW 165,80,000 to the GS Construction Industry Co., Ltd. on September 7, 2011; KRW 36,50,000,000 to the GS Construction Co., Ltd. on September 21, 2011; KRW 20,000,000 to the security deposit for repairing defects; KRW 22,50,000,000 to the GS Construction Co., Ltd. on October 9, 2012; KRW 8,320,000,000; and KRW 14,00,000,000 to the Hyundai Industrial Development Co., Ltd. on November 20, 2013; and KRW 267,120,000 to the security deposit for repairing defects.

E. Meanwhile, on September 6, 2011, the Plaintiff collected KRW 62,395,617 from the Defendant Company’s disposal of investment certificates, and appropriated it for the repayment of KRW 165,800,000 for the claim for the indemnity against the liability for the defect repair against the YYYY (UG) Company.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally, and the amount of 204,724,383 won (=267,120,000 won - 62,395,617 won) to the plaintiff who fulfilled the guaranteed obligation, and the above facts are related thereto.