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(영문) 서울고등법원 2019.01.17 2018나2049957

구상금

Text

1. Revocation of the first instance judgment.

The Defendant’s KRW 646,749,990 among the Plaintiff and KRW 85,98,564 among the Plaintiff, on January 1, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity established under the Framework Act on the Construction Industry, and the Defendant (the former trade name is referred to as “D corporation,” and the former trade name was changed on April 26, 2012) is a company that is engaged in soil and public business as a member of the Plaintiff.

[Attachment 2] 1: (1) 2: (3) : (1); (2) 1:3; (4) ; (5) ; (2) ; (2) ; (3) ; (4) ; (4) ; (5) ; (5) ; (2) ; (4) ; and (4) ; (5) ; (2) ; (5) ; and (4) ; (5) ; (2) ; and (4) ; (3) ; (4) ; (5) ; (2) ; and (4) ; (5) ; and (4) ; (5) ; and (4) ; (2) ; (3; (4) ; (5) ; and (4) ; (2) ; (3) ; and (4) ; (52; (4) ; and (4) ; and (4) ; (2) ; (3) 1. 20,05, and 14, respectively.20.

B. The Plaintiff entered into a guarantee agreement with the Defendant for a limited transaction guarantee and issued a guarantee certificate, setting the guarantee limit for each contract, advance payment, and defect subcontracted by the guarantee creditor as set out in the following table.

C. On April 11, 2011, the Defendant filed an application for rehabilitation with the Seoul Rehabilitation Court 201 Joint 43, and received the decision to commence rehabilitation procedures on April 19, 201. On October 17, 2011, the Defendant was decided to terminate rehabilitation procedures on October 20, 201 after obtaining the approval to commence rehabilitation plans.

According to the rehabilitation plan that was finalized on October 20, 2011, the guarantee agency is the non-determined rehabilitation claim.