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(영문) 서울중앙지방법원 2019.06.18 2019가단5070540

구상금

Text

1. The Defendants shall jointly and severally serve as KRW 64,80,000 on the Plaintiff and as a result, from September 24, 2014 to April 23, 2019.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) The following terms and conditions of the Limit Trade Agreement (hereinafter referred to as “Limit Trading Agreement”) are as follows:

The Defendant C concluded a joint and several guarantee agreement, and Defendant C jointly and severally guaranteed the obligation to be borne by the Defendant Company pursuant to the instant ceiling transaction agreement (hereinafter “instant joint and several guarantee agreement”).

(2) On August 26, 201, the Plaintiff issued a guarantee certificate for construction works executed under a subcontract by the Defendant Company on August 26, 2011, which is a joint and several surety guarantee limit under the contract date, from August 26, 2011 to August 25, 2014, Defendant C2) on August 26, 2011, as follows.

On December 31, 2012, the Defendant Company: (a) had a guarantee accident that, on December 31, 2012, caused the performance of the obligation to repair defects due to bankruptcy and closure; and (b) E Co., Ltd. (hereinafter referred to as “E”) which is the guarantee creditor, the guarantee creditor.

(4) On November 16, 2012, the Plaintiff demanded the Plaintiff to pay the security deposit for repairing defects. (3) On September 24, 2014, the Plaintiff paid KRW 64,800,000 as security deposit to E after the security deposit payment review.

[Grounds for recognition] The descriptions of Gap 4 through 9 and the purport of the whole pleadings

B. According to the facts of recognition as above, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 64,800,000 for indemnity and the damages for delay calculated by the ratio of 6% per annum under the Commercial Act from September 24, 2014 to April 23, 2019, which is the date of the last delivery of the copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Determination as to Defendant C’s assertion

A. The summary of the assertion 1) Defendant C is not aware of the instant limit transaction agreement, and there is no fact of joint and several sureties, and Defendant C has no signature or official seal. 2)