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(영문) 서울중앙지방법원 2014.12.17 2014가합572944

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 290,000,000 won and 6% per annum from October 15, 2009 to December 2, 2014.

Reasons

1. Facts of recognition;

A. On June 28, 2005, the Plaintiff entered into a limited transaction agreement with Defendant Mimchi Construction Co., Ltd. (hereinafter “Defendant Mimchi Construction”) on the condition that it guarantees the Plaintiff’s obligation to the Plaintiff in connection with construction works performed by Defendant Mimchi Construction, without distinguishing it from before and after the change of trade name, and without distinguishing it from before and after the change of trade name, and at the same time, it set the limitation period from June 28, 2005 to June 27, 2008 as the total guarantee amount of KRW 6,047,64,00 (=180,032,000 general guarantee amount of KRW 3,835,100,000 general guarantee amount of KRW 1,032,032,528,000,000 guarantee amount of KRW 1,032,528,000.

B. Defendant A jointly and severally guaranteed the Plaintiff’s obligation owed by Defendant Maga Forest Construction to the Plaintiff in accordance with the said limit of transaction agreement.

C. On March 10, 2006, the Plaintiff issued a contract guarantee certificate with the content that “two sections of reinforced concrete construction works, among the sections of the 2nd unit of the 2nd unit of the 1st unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 349,600,000 unit amount, and the guarantee period from March 3, 2006 to April 23, 2008.

The defendant Holim Construction discontinued the above warranty period and failed to perform the above reinforced concrete construction work properly. On October 14, 2009, the plaintiff paid 290,000,000 won to Hanyang Co., Ltd., a guarantee creditor under the above contract guarantee.

[Ground of recognition] ① As to Defendant Registered Forest Construction: Evidence Nos. 1 through 4, Evidence Nos. 5-1, 2, and 3, the whole purport of the pleadings, and ② as to Defendant A: Confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition, the Defendants jointly and severally filed a claim amounting to KRW 290,000,000 with the Plaintiff, and as requested by the Plaintiff, 6% per annum as prescribed by the Commercial Act from October 15, 2009 to December 2, 2014, which is obviously a final delivery date of a copy of the instant complaint, from October 15, 2009 to December 2, 2014.