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(영문) 서울중앙지방법원 2015.10.16 2015가합546232
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,134,667,311 and KRW 668,317,311, respectively, from July 24, 2010, and from July 17, 172.

Reasons

1. Indication of claim;

A. On June 8, 2007, the Plaintiff entered into a limit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that guarantees various obligations to be borne by the Defendant Co., Ltd. in the course of performing construction works, etc. (the Plaintiff entered into a limit transaction agreement with the Defendant Co., Ltd.) to guarantee the obligations to be borne by the Defendant Co., Ltd. in the course of performing construction works, etc. (the Plaintiff entered into a limit transaction agreement with the Defendant Co., Ltd. with the same content as the Defendant Co., Ltd. on March 205 and June 2005), and Defendant B jointly and severally guaranteed the obligations that the Defendant Co.

B. On June 8, 2007, the Plaintiff issued, at the request of the Defendant Company, a guarantee certificate with a guarantee amount of KRW 1,884,790,50 with a guarantee amount of KRW 1,884,790,50, to the Newdong Construction Co., Ltd. (hereinafter, a guarantee creditor, omitted) which is a guarantee creditor, and issued a guarantee certificate on several occasions to secure the repair of the defects of the Defendant Company to the business entity that concluded the contract with

C. Since then, the Defendant Company failed to perform the construction contract to the Newdong Construction, etc., the Plaintiff paid a sum of KRW 2,156,350,000 to the guaranty creditor under the name of performance guarantee or defect liability guarantee as shown in the following table:

(B) Of the amount of subrogation under No. 1, 21,682,689 out of the amount of subrogation, 21,689 won was recovered from the Defendant Company. On July 23, 2010, 201, the secured creditor 690,000,000 New East Asia Construction C 3, Sept. 1, 2010, 201, 650,000,000 Newdong Construction 4, Sept. 36, 200, 200, 55,200 D 5 on Sept. 8, 2011; 60,000,0000, 60,000 or more on July 60, 2013; 10,000,000,000 or more,000,000 or more,000,000 or more,005 or more industries;

D. Therefore, the defendants jointly and severally paid to the plaintiff 2,134,667,311 won (2,156,350,000 won - 21,682,689 won) and a copy of the complaint of each case with respect to the amount that the plaintiff individually paid to the guarantee creditors, such as newdong Construction, etc., from the day following the relevant payment date.

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