구상금
1. The Plaintiff:
A. The defendant limited liability company A shall be from July 7, 2010 to KRW 540,057,994 and KRW 17,003,264 among them.
1. On July 19, 2006, June 22, 2009, and June 29, 2009, the Plaintiff entered into a credit transaction agreement with Defendant Limited Liability Company A (hereinafter “Defendant Company”) with the effect that the Plaintiff bears the responsibility to guarantee the guarantee creditor within a certain limit when a guarantee accident (performance to the other party to the transaction of the Defendant Company) occurred.
At the time of Defendant B’s joint and several liability for indemnity against the Plaintiff under the above Limit Trade Agreement with the Defendant Company.
The Plaintiff issued each contract guarantee to the Gangseo General Construction Co., Ltd., the other party to the transaction of the Defendant Company, the upper general construction Co., Ltd., and the Southern General Construction Co., Ltd. (hereinafter “Guarantee Creditor”), according to the above limit transaction agreement, the Plaintiff paid the guaranty creditor the total amount of KRW 584,310,000, such as the deposit, etc. according to the Defendant Company’s default on the guarantee creditor, and recovered KRW 44,252,006 among them.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff 540,057,94 won (=584,310,000 won - 44,252,006 won) and damages for delay from the payment date of each deposit.
2. Article 208 (3) 1 of the Civil Procedure Act and the proviso to Article 101 of the Civil Procedure Act (Liability of the Defendants in full) of the applicable provisions of Acts;
3. Part of partial rejection damages in excess of the amount calculated by applying 15% per annum to the period after October 1, 2015 (referring to the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015))