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(영문) 서울중앙지방법원 2015.01.23 2014가합577833

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,456,934,712 and KRW 841,527,612 from October 31, 2009.

Reasons

1. Indication of claim;

A. On August 16, 2007 and October 23, 2008, the Plaintiff entered into a ceiling transaction agreement with Defendant A Co., Ltd. with a limit of KRW 13,777,449,00 and KRW 14,498,902,00, respectively, and issued a contract guarantee certificate, an advance payment guarantee certificate, and a warranty bond to the Namyang Construction Co., Ltd. (hereinafter “Co.”), which is a guarantee creditor, as listed below.

B. When Defendant A was unable to perform a contract by closing down his business around June 2009, the Plaintiff paid a contract bond, etc. to the guaranty creditor as indicated below.

. Payment date of documents issued on June 2, 1208: 791,80,000 on October 30, 209; 841,527,612 on June 16, 208; 75,40,40,000 on April 10, 208; 7. 637,00 on December 6, 30, 200 on June 6, 208; 7. 8,000,000 on June 6, 200, 208; 7. 40,000 on June 37, 200, 200,000 on June 6, 207, 2008; 5,000,000 on April 7, 2009;

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of KRW 3,456,934,712 as well as damages for delay from the day after the date of payment to the day of full payment.

2. Judgment by public notice based on recognition (Article 208 (3) 3 of the Civil Procedure Act);