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1. The Defendant’s KRW 16,00,000 as well as 5% per annum from June 16, 2017 to June 26, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a special law established under the former C law (former D law) for the purpose of the sound development of construction business by promoting the association members’ independent economic activities and improving their economic status by providing necessary guarantee, financing, mutual aid business, etc. to the union members. 2) The E Co., Ltd. (hereinafter “E”) is a company that operates a reinforced concrete construction business as the Plaintiff’s union members, and the Defendant is the E representative director.
B. On September 29, 2009, the Plaintiff entered into a ceiling transaction agreement with E from September 29, 2009 to September 28, 2012, and the guarantee limit of 4,923,072,00 won. The Defendant provided joint and several surety for the Plaintiff’s obligation owed by E in accordance with the said limit transaction agreement on the same day.
C. On September 29, 2009, the Plaintiff entered into a contract for the repair of defects, based on the said ceiling transaction agreement, setting the warranty creditor F and G Co., Ltd., contract name, H, and guarantee period from September 30, 2009 to September 29, 2019, the guaranteed amount of KRW 179,809,862.
In April 2017, F Co., Ltd. (1) filed a claim against the Plaintiff for a security deposit under the said contract for the repair of defects. (2) On June 15, 2017, the Plaintiff considered relevant documents, etc. and paid F Co., Ltd. KRW 16,000,000 as a security deposit for the repair of defects.
[Ground of recognition] Facts without dispute, Gap evidence 1-4, 2-4, 6-1, 2-7-4, and the purport of whole pleadings
2. According to the facts of the judgment on the cause of the claim, the Plaintiff paid KRW 16,00,000 to F Co., Ltd., the secured creditor, based on the above warranty contract with E, and thus, the Defendant who jointly guaranteed the Plaintiff’s obligation to the Plaintiff, as the payment date of the indemnity amount of KRW 16,00,000 for the amount of KRW 16,00,000 for the amount of indemnity and the amount thereof, as sought by the Plaintiff after the payment date of the indemnity amount.