구상금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,321,730 and KRW 28,321,730 among them, from December 9, 2014, and KRW 16,00.
1. Facts of recognition;
A. On December 21, 2005, the Plaintiff entered into a ceiling transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) with respect to a guarantee accident that occurred during the guarantee period of a letter issued during the contract period, which provides that the guarantee creditor shall pay the guarantee creditor a debt and thereafter claim the relevant amount to the agreed person and the joint guarantor (hereinafter “instant ceiling transaction agreement”), and Defendant E jointly and severally guaranteed the guarantee obligation of Defendant B.
Limit on Guarantee: Limit on loans of KRW 6,080,150,000 for general guarantee, KRW 7,904,195,00 for payment guarantee, and KRW 1,824,450,00 for basic loans of KRW 99,970 for contract period: From December 21, 2005 to December 20, 208
Defendant B entered into a subcontract agreement for G tunnel construction project with F Co., Ltd. (hereinafter “F”) and undertaken construction work on August 30, 2006, and the Plaintiff guaranteed the payment of the warranty bond with F as the guaranty creditor (hereinafter “instant guarantee”) within the scope of KRW 474,138,500 pursuant to the said limit transaction agreement on August 30, 2006.
C. On February 16, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) acquired the Defendant B’s obligation overlappingly, and Defendant D jointly and severally guaranteed the acquisition obligation of Defendant C.
F around October 1, 2010 and around February 7, 2011, F received a claim for repair of the defect in both directions of G tunnels from H Co., Ltd. (hereinafter “H”). Defendant B, a sewage supplier, did not comply with the repair of the defect, and after completing the repair work, Defendant B claimed KRW 61,00,000 as the deposit for the said guaranteed accident to the Plaintiff.
E. After conducting a field investigation and a guarantee examination on a guarantee accident, the Plaintiff paid KRW 29,000,000 as a warranty bond to F on December 8, 2014, and the Defendants repaid KRW 678,270 to the Plaintiff.
(f) F means the G tunnel construction again from H on June 27, 2016, around June 2016.