채무부존재확인
1. The plaintiffs' joint and several liability for the defendant according to the business transaction agreement listed in the separate sheet is KRW 1,275,035,57.
1. Basic facts
A. On June 5, 2008, the Jenna Co., Ltd. (hereinafter referred to as the “Jenna Co., Ltd”) was awarded a contract for the construction of the Jindo-do solar power plant from the pipe fire-fighting car Co., Ltd. (hereinafter referred to as “the pipe fire-fighting car”).
B. On July 3, 2008, In order to guarantee the obligation to repair defects to the above electric power plant construction works, ASEAN entered into a business transaction agreement with the Defendant Union on July 3, 2008 with the scope of the warranty bond of KRW 3,420,00,000 and the guarantee period of KRW 3,420,00,000 (hereinafter “instant guarantee business transaction agreement”) from July 3, 2008 to July 2, 2010 (hereinafter “the instant guarantee business transaction agreement”). On the same day, the Taeyang Electric Corporation Co., Ltd. (hereinafter “the Taeyang Electric Corporation”) jointly and severally guaranteed the obligation it owes to the Defendant Union in accordance with the instant guarantee business transaction agreement.
(hereinafter referred to as “joint and several sureties obligations of this case”).
Instead, on October 13, 2008, Lenenna received a warranty bond of 650,000,000 won in the amount of the warranty bond, and from October 1, 2008 to September 30, 2010 from the Defendant Cooperative, it submitted it to the Kenna.
After that, the construction of the above power plant was completed, but some defects occurred, and the government required to repair the defects, but the government did not comply with the request.
Accordingly, on July 17, 2009, the government filed a lawsuit against the defendant union claiming the payment of the warranty bond, and the defendant union did not pay it at will, on November 3, 2010, claiming the payment of the warranty bond of KRW 650,000,000 against the defendant union.
E. On the other hand, on January 27, 201, the Taeyang Electric Complex Corporation concluded a business transaction agreement with the Defendant Union regarding the maximum amount of KRW 1,315,60,000 and the loan period from January 27, 2011 to January 26, 2013 (hereinafter “instant loan transaction agreement”), and concluded with the Defendant Union the said agreement on the investment certificates of the Defendant Union 4,600 units.