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(영문) 서울중앙지방법원 2020.02.10 2019가단5105729
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 49,77,190 won and the period from October 8, 2014 to May 28, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established by specialized constructors on the basis of the Framework Act on the Construction Industry to provide necessary guarantee and financing to specialized constructors running a specialized construction business, and Defendant B Co., Ltd (hereinafter “Defendant Company”) is the Plaintiff’s member.

B. On December 27, 2010, the Plaintiff concluded a limited trading agreement with the Defendant Company, a member of the Plaintiff, to the extent that the agreed period is KRW 3,191,580,000 for an unspecified debt incurred from continuous transaction, such as guarantee and loan, from December 27, 2010 to December 26, 2013 (hereinafter “instant limited trading agreement”).

At the time of the instant limit transaction agreement, Defendant C, the representative director of the Defendant Company, was jointly and severally guaranteed in order to guarantee the performance of the loans to be borne by the Defendant Company to the Plaintiff pursuant to the instant limit transaction agreement and the obligation for indemnity.

(hereinafter “instant joint and several sureties Agreement”). (c)

On November 12, 2012, the Plaintiff entered into a contract guarantee agreement with Defendant Company and the guaranteed amount of KRW 327,800,000, contract name D-type D-type Newly constructed construction and steel delivery construction, guarantee period from November 12, 2012 to November 11, 2013, and the secured creditor E Co., Ltd. (hereinafter “instant contract guarantee agreement”), and issued a contract guarantee agreement to the Defendant Company.

On October 7, 2014, the Plaintiff paid KRW 86,087,50 to the guaranty creditor the contract deposit, as the Defendant Company failed to perform the contract regarding the instant contract guarantee agreement, and did not recover KRW 49,77,190 out of the amount of indemnity claim arising therefrom.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally serve as the Plaintiff the balance of the liability for reimbursement at KRW 49,77,190 and the day following the date of subrogation.

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