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1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 399,029,348 and Defendant B Co., Ltd. from September 17, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established to promote autonomous economic activities and provide various guarantees and loans necessary for the construction business operation through a mutual cooperative organization among construction business operators.
(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the Plaintiff’s member.
B. (1) On December 15, 201, the Plaintiff and Defendant B entered into a transaction agreement within the limit of KRW 4,652,739,000 during the contract period from December 15, 201 to December 14, 2014, and the guarantee limit of KRW 4,652,739,00. Defendant C as Defendant B’s representative director, jointly and severally guaranteed Defendant B’s obligation.
(2) The Plaintiff entered into a contract guarantee agreement between Defendant B and Defendant B with respect to the subcontracted construction work from Defendant D Co., Ltd. (hereinafter “each guarantee agreement of this case”). Serially, the guarantee period of the contract amount per day of contract is KRW 383,130,000 on July 3, 2012, from July 3, 2012 to June 30, 2014, KRW 657,80,000 on April 17, 2013 to June 30, 2014, KRW 657,80,000 on April 17, 2013 to May 31, 2014.
The occurrence of the guaranteed accident and the payment of the Plaintiff’s deposit (1) after the conclusion of the instant guarantee agreement, and D Co., Ltd., a contractor, notified the Plaintiff of the occurrence of the guaranteed accident and sought payment of the contract performance deposit.
(2) On September 16, 2015, the Plaintiff paid KRW 424,00,000 in total to D Co., Ltd. (i.e., KRW 54,000,000 in relation to the guarantee agreement Nos. 1 of the above table) and thereafter recovered KRW 24,970,652 in relation to the guarantee agreement No. 1 of the above table No. 2.2.
[Reasons for Recognition] Defendant B: The facts without dispute, Gap's evidence Nos. 1 through 4 (including documentary evidence attached with numbers), the purport of the whole pleadings
2. Defendant C’s judgment on the main safety defense of Defendant C received immunity by filing an application for bankruptcy and exemption with the Gwangju District Court. This is the Plaintiff.