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(영문) 서울중앙지방법원 2015.05.13 2014가단5254947
구상금
Text

1. Defendant A Co., Ltd., limited liability companies B, C, and E are jointly and severally liable to the Plaintiff for KRW 63,811,249 and the same on June 8, 1999.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. concluded an advance payment guarantee agreement (hereinafter the first agreement) with the Plaintiff and the guaranteed amount of KRW 53,900,000 on August 25, 1997 to ensure the performance of the instant construction in order to receive advance payment from the gold Industry Co., Ltd. and to ensure the performance of the said construction (hereinafter “the instant construction agreement”). The Defendant A Co., Ltd. concluded the advance payment guarantee agreement with the Plaintiff from August 25, 1997 to July 30, 1998.

Defendant B, Defendant C, and Defendant D jointly and severally guaranteed the obligations of Defendant A Co., Ltd. to the Plaintiff according to the first agreement.

Pursuant to the first agreement, the Plaintiff guaranteed the Defendant A’s obligation to return advance payment to the gold industry corporation.

B. On September 22, 1997, Defendant A Co., Ltd. entered into an agreement on an advance payment guarantee obligation (hereinafter the second agreement) with the Plaintiff, the guaranteed amount of KRW 146,400,000, and the term of guarantee from September 22, 1997 to July 30, 1998, to guarantee the performance of the instant construction.

Defendant B, Defendant C, and Defendant D jointly and severally guaranteed the obligations of Defendant A Co., Ltd. to the Plaintiff according to the second agreement.

Pursuant to the second agreement, the Plaintiff guaranteed the Defendant A’s obligation to return advance payment to the gold industry corporation.

C. Since then, the insured events under the first and second agreements occurred due to Defendant A Company’s failure to properly perform the instant construction, the Plaintiff paid KRW 166,254,909 as advance payment deposit on June 8, 199 upon the request of the gold Industry Company.

On June 30, 199, the Defendant limited liability company: (a) on the Plaintiff’s debt 309,421,021 owed to the Plaintiff by “A” corporation; (b) on the instant construction; and (c) on the advance payment deposit of the instant construction; and (d) on the GFra’s structural foundation; and (c) H earth and sand.

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