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(영문) 서울남부지방법원 2014.11.06 2014가합6351 (1)
약정금
Text

1. The defendant jointly and severally with the traffic of the non-party corporation 28,503,00 won and 783,000 won among them.

Reasons

Basic Facts

The Plaintiff entered into and guaranteed the guaranteed obligation agreement with the non-party D Co., Ltd. (hereinafter “D”), and entered into and issued the warranty obligation agreement (hereinafter “instant warranty obligation agreement”) with respect to the GI apartment construction project implemented by D as shown in the following table, and the Defendant jointly and severally guaranteed the obligation of D to the Plaintiff under each of the above agreements.

The relevant provisions of this case among the guaranteed guarantee amount (the guaranteed guarantee amount) on the date of guarantee agreement for the guarantee creditor who is the joint guarantee of the guarantee agreement, the guarantee creditor, the guarantee creditor, the guarantee creditor, the guarantee creditor, the guarantee guarantee deposit amount (the guarantee creditor), and the guarantee deposit amount (the original guarantee amount) for the repair of defects on July 29, 2008, which are the expiration date, shall be as follows:

Article 9(1) of the Defect Guarantee Agreement provides that the amount of the secured obligation shall be paid to the guarantee creditor without delay. (2) The payment under paragraph (1) shall be paid from the date of the payment of the deposit to the guarantee creditor. In addition to the amount of the substitute payment, the substitute payment, the legal procedure expenses paid by the person returning to the incidental obligation, and the litigation expenses, the additional amount of the prescribed amount of damages shall be paid immediately. Article 12(1) of the Act on the Performance of Obligation (i) In the event the agreed person performing the obligation under this Agreement on the Performance of Obligation fails to perform the obligation, the previous notification and procedure of the intention shall be omitted, and there is no objection by the agreed person and the joint guarantor at any time to dispose of the collateral which was provided as the collateral, and if there is a shortage, the additional amount shall not be raised against the obligation even if the person performing the obligation under paragraph (1) is arbitrarily.

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