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(영문) 서울중앙지방법원 2014.09.15 2014가단5009888
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 32,832,938 and the Defendants Company A and B from September 2, 2009.

Reasons

1. Basic facts

A. On January 3, 2007, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (Co., Ltd., Ltd., prior to the alteration; hereinafter the Defendant Co., Ltd.), on the limit of guarantee, 648,416,00 won for basic loans, 33,212,00 won for basic loans, and the agreed period from January 3, 2007 to January 2, 2010 (hereinafter the instant agreement). At the time, the Defendant B, the representative director of the Defendant Co., Ltd., was jointly and severally liable for the Defendant Co., Ltd. to pay to the Plaintiff.

B. On September 10, 2008, upon the application of the Defendant Company, the Plaintiff issued an advance payment guarantee set forth from September 10, 2008 to December 31, 2008, with respect to the term “satisfying construction among the rental-type public interest projects for building-type rental-type public interest projects for building the main elementary school,” which was subcontracted by the Defendant Company, to the guarantee creditor general construction company (hereinafter “national construction company”), 54,450,000 won, guarantee period, and from September 10, 2008 to December 31, 2008.

C. On December 2, 2008, Tae Tae General Construction requested the Plaintiff to return advance payment on the grounds of the Defendant Company’s nonperformance of contract, and the Plaintiff paid KRW 45,789,040 to Tae Tae General Construction around January 23, 2009.

Around February 24, 2009, the Plaintiff made a letter of performance that the Defendant Company would pay the Plaintiff the indemnity amount of KRW 45,789,040 in installments from February 24, 2009 to January 15, 201. At the time, Defendant C, the representative director of the Defendant Company, at the time, guaranteed the Defendant Company’s debt owed to the Plaintiff based on the said letter of performance.

E. The defendant company from February 24, 2009 to the plaintiff for the same year

9.1. By November, 201, the principal amount of KRW 10,956,102 and delay damages of KRW 13,268,00 shall be repaid, and after voluntary repayment of KRW 2,00,000 shall be made from November to December, 2013, the principal amount of KRW 32,832,938 as of September 2, 2009 and this shall be from September 2, 2009.

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