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(영문) 서울중앙지방법원 2018.11.07 2017가합590301

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 422,842,510 and KRW 402,842,510 among them, from January 11, 2013 to October 20.

Reasons

1. In full view of the overall purport of the arguments in Gap evidence Nos. 1 to 10 (if there are serial numbers, including each serial number; hereinafter the same shall apply) as to the cause of the claim, it can be acknowledged as identical to the facts stated in the " cause of the claim" in the annexed sheet.

According to the above facts of recognition, the Defendants jointly and severally agreed to the Plaintiff, and KRW 422,842,510 in total, and KRW 402,842,510 in total, as well as KRW 402,842,510 in total, and KRW 520,00 in total, and KRW 520 million in total, pursuant to the contract guarantee certificate dated November 23, 2010 and the advance payment guarantee certificate dated December 21, 2010, respectively, paid by the Plaintiff to the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(3) In the case of 117,157,490 won recovered from the Plaintiff’s 117,157,490 won, according to the Plaintiff’s claim, the claimant’s obligation to the guarantor of the claimant’s surety is not fixed by the time limit, and the claimant’s obligee is entitled to statutory interest from the date of discharge to the date of the peremptory notice for the performance of the obligation for indemnity, and damages for delay from the next day

As the Plaintiff seeks, with respect to the amount of KRW 20 million from January 11, 2013 on the day following the date following the date of payment of the Plaintiff’s deposit (the deposit that the Plaintiff paid to the M&D Co., Ltd. on February 22, 2013 in accordance with the defect liability bond as of April 27, 2010), the Plaintiff is obligated to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from February 23, 2013, the day following the date of payment of the Plaintiff’s deposit, until February 8, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of final delivery of the copy of the instant complaint, until the date of full payment.

2. Judgment on the defendants' assertion

A. The Defendants’ assertion that the amount of the Defendant Company’s investment should be deducted from the amount of the Plaintiff’s claim for reimbursement against the Defendants.