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(영문) 서울중앙지방법원 2015.09.11 2015가합508414
양수금
Text

1.(a)

The Defendants are jointly and severally liable to Plaintiff A for KRW 100,000,000 and the Defendant Co., Ltd. from August 11, 2013.

Reasons

1. Basic facts

A. On October 11, 2012, Nonparty C Co., Ltd. (hereinafter referred to as “MEX-type construction”) was awarded a contract with Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) for a construction of the F detached Housing (hereinafter referred to as “instant construction”).

(hereinafter “instant contract”). (b)

MEX case performed the instant construction, and entered into a construction agreement with Defendant C on May 21, 2013 (hereinafter “instant agreement”). The main contents of the agreement are ① the construction cost, wage, general management cost, miscellaneous construction cost, and penalty for termination of the instant contract, etc., which Defendant C did not pay to MEX case, KRW 200 million until August 10, 2013; and ② issuance of promissory notes and certificates of payment guarantee equivalent to KRW 200 million as security; ② Defendant D guaranteed the above agreed amount, etc. for MEX case.

C. According to the instant agreement, Defendant C issued two copies of promissory notes with a face value of KRW 100 million at each face value (hereinafter “each of the instant notes”) as of June 14, 2013 as of August 10, 2013 and delivered them to MEX.

In addition, Defendant C received from Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”), two copies of the payment guarantee letter stating that each of the guaranteed amounts is KRW 100 million (hereinafter referred to as “instant payment guarantee letter”) and issued it to EXE.

E. On June 14, 2013, the Plaintiffs entered into a credit acquisition contract with MEX-type case, and received the instant agreement and the instant payment guarantee certificate from MEX-type case, and around that time, received one copy of each of the instant bills. Around that time, the Plaintiffs acquired the claim amounting to KRW 200 million against MEX-type Defendant E in KRW 100 million each according to the instant payment guarantee letter, and notified Defendant E of the assignment of the claim on June 26, 2013.

F. Meanwhile, the plaintiff B against the defendant C, among each of the bills of this case, 100 million won.

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