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(영문) 서울중앙지방법원 2015.11.27 2015가단5186799
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 69,937,216 and KRW 2,937,216 among them, from August 13, 2010 to 67,00.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”) on January 12, 2010, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) From January 12, 2010 to January 11, 2013, each Plaintiff set the guarantee limit of 2,525,472,00 won and each set the guarantee limit of 2,525,472,00 won and guaranteed the obligation of Defendant A, but if the guarantee creditor pays the guarantee deposit, Defendant A entered into a limit transaction agreement with the Plaintiff to pay the said deposit to the Plaintiff. (2) Defendant B, the representative director of Defendant A, guaranteed all the obligation of Defendant A to the Plaintiff under the said limit transaction agreement.

B. The Plaintiff’s letter of advance payment guarantee and the payment of deposit 1) After that, Defendant A is liable for the construction of Daewoo Shipbuilding Marine Construction Co., Ltd. (hereinafter “Treatment Shipbuilding Marine Construction”).

(2) On March 11, 2009, the Plaintiff issued a guarantee certificate for advance payment of KRW 121,966,400 as security deposit, guarantee period from March 11, 2009 to November 9, 2010, which is the Guarantee Institution Treatment and Marine Construction Corporation, to guarantee advance payment received by Defendant A from the Construction of Treatment and Marine Construction in accordance with the said subcontract, based on the said limit transaction agreement. (2) After that, Defendant A discontinued the said subcontracted construction and agreed on the aforementioned construction contract, the Plaintiff paid KRW 58,597,200 as security deposit to the Construction of Treatment and Marine Construction at the request of the Treatment and Marine Construction Corporation.

3) The Plaintiff recovered KRW 55,659,984 from Defendant A, but did not receive the remainder of KRW 2,937,216. (c) The Plaintiff’s issuance of the Plaintiff’s contract guarantee certificate and the payment of deposit money. (d) The Defendant A entered into a subcontract for reinforced concrete construction with Lhee Construction Co., Ltd. (hereinafter “Shee Construction”) and D business containers and ancillary facilities construction, and the Plaintiff entered into a subcontract for reinforced concrete construction with Defendant A based on the said limit transaction agreement.

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