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(영문) 서울남부지방법원 2015.07.14 2014가단243597
구상금
Text

1. The Defendants jointly and severally pay KRW 35,908,005 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Determination as to the cause of claim

A. In fact, each of the following facts can be acknowledged in full view of the purport of the entire pleadings, either the Plaintiff and the Defendants did not dispute with each other, or the evidence Nos. 1 through 11 (including additional numbers).

1) The Plaintiff (former: Korea Housing Guarantee Co., Ltd.) and Nonparty C Co., Ltd. (former trade name: D and thereafter, “foreign Co., Ltd.” are deemed to be “foreign Co., Ltd.”

(1) On November 26, 1997, when the Plaintiff entered into a contract with the Plaintiff to guarantee the performance of the obligation to repair the defects of the non-party company by setting the maximum amount of KRW 77.73525 million, excluding the guarantee for sale in lots, pursuant to relevant Acts and subordinate statutes, such as the former Housing Construction Promotion Act, etc., and the Plaintiff paid the guarantee deposit to the guarantee creditor by the guarantee deadline of the certificate issued by the Plaintiff during the period from November 26, 1997 to November 25, 1998 (if the obligation to repair the defects of the non-party company is not terminated even after the expiration of the guarantee deadline, until the termination of the obligation), the non-party company shall pay the payment to the Plaintiff and the damages for delay calculated in accordance with the agreed interest rate from the payment date to the full payment date. The Defendants jointly and severally guaranteed the obligation to the Plaintiff of the non-party company under the contract (the second

(2) On December 7, 1998, the Plaintiff and the non-party company entered into a contract with the Plaintiff to guarantee the performance of the obligation to repair the defects of the non-party company by setting the maximum amount of KRW 78.557 billion, 7525 million under relevant statutes, including the former Housing Construction Promotion Act, and the Plaintiff paid the guarantee deposit to the guarantee creditor within the guarantee period of the letter issued by the Plaintiff during the period from December 7, 1998 to December 6, 1999 (if the guarantee period has expired but the obligation to repair the defects of the non-party company was not terminated, until the termination of the obligation).

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