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(영문) 서울중앙지방법원 2018.01.18 2017가합519739
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 2,327,174,551 and KRW 600,000,000.

Reasons

1. Basic facts

A. The parties concerned are corporations established under the Construction Mutual Aid Association Act to provide necessary guarantee, financing and mutual aid services to constructors who are partners, and Defendant A Co., Ltd. (hereinafter “Defendant A”) is the Plaintiff’s members, and Defendant B and C is the joint representative director of Defendant A.

B. The conclusion of a credit trading agreement and the joint and several sureties signed a credit trading agreement with Defendant A as listed below (hereinafter “instant 1 and 2 credit trading agreement”); Defendant B was liable to the Plaintiff pursuant to each of the instant credit trading agreements; Defendant C was jointly and severally liable to the Plaintiff pursuant to the instant limit trading agreement.

Defendant B and C, June 4, 2008, which is a joint and several surety (original) guarantee limit on June 4, 2008, to June 10, 201, June 3, 201, to June 3, 2011, Defendant B B, who was on June 17, 201 through June 17, 201, to June 16, 2011, respectively.

C. Under each of the instant Limit Trade Agreements, the Plaintiff issued a letter of guarantee and payment of guarantee 1) with respect to the subcontracted construction work by Defendant A pursuant to the instant Limited Trade Agreement, each of the guarantee certificates with the same content as the following Table 1 through 6, and pursuant to the instant Limit Trade Agreement, the Plaintiff issued a letter of guarantee with the same content as the following Table 7 (hereinafter “instant guarantee”).

A) On January 7, 2009, the first contract guarantee amount for construction without recording the guarantee creditor as of January 7, 2009, the first contract guarantee amount for construction Dwork 638,389,980 and the second contract guarantee for construction works on February 27, 2009, the second contract guarantee of 48,327,000 and the second contract guarantee of 893,200,000 HI JJ work 481,470,0005 defect guarantee liability of H on May 4, 2009 and 37,393,393,084,084 contract guarantee of construction works around July 13, 2009; the second contract guarantee of construction works; and the second contract guarantee of construction works around April 13, 2009; the second contract guarantee of construction works; and the second contract guarantee of construction works; the second contract guarantee of construction works; and

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