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(영문) 서울중앙지방법원 2019.12.03 2018가단5228472
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 44,726,596 won and the period from May 23, 2014 to December 7, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established by specialized constructors on the basis of the Framework Act on the Construction Industry for the purpose of offering necessary guarantee, financing, etc. to the specialized constructors running a specialized construction business, and Defendant B Co., Ltd (hereinafter “Defendant Company”) is the Plaintiff’s member.

B. On January 10, 201, the Plaintiff concluded a limited trading agreement with the Defendant Company, a member of the Plaintiff, on the following grounds: (a) the contractual period from January 10, 201 to January 9, 201; and (b) the guarantee limit of KRW 2,946,624,000 for an unspecified debt incurred from continuous transactions, such as guarantee and loan (hereinafter “instant limited trading agreement”).

At the time of the instant limit transaction agreement, Defendant C, the representative director of the Defendant Company, was jointly and severally guaranteed in order to guarantee the performance of the loans to be borne by the Defendant Company to the Plaintiff pursuant to the instant limit transaction agreement and the obligation for indemnity.

(hereinafter “instant joint and several guarantee agreement”) Defendant C alleged that there was no agreement on the instant joint and several guarantee agreement, but according to the entries in the evidence Nos. 7 and 8, it is recognized that the instant joint and several guarantee agreement was concluded by means of digital signature.

C. On June 20, 2013, the Plaintiff entered into a contract guarantee agreement with the Defendant Company and its guaranteed amount of KRW 65,600,100, the name of the contract, the agricultural road packaging project in the E-district, the guarantee period from June 20, 2013 to December 20, 2013, and the Korea Rural Community Corporation in the guarantee period (hereinafter “instant contract guarantee agreement”), and issued the contract guarantee certificate to the Defendant Company.

around April 2014, Defendant D provided joint and several surety to guarantee the performance of the obligation of indemnity to be borne by the Defendant Company to the Plaintiff according to the payment of the Plaintiff’s deposit in the future regarding the contract guarantee and advance payment guarantee for the agricultural road package work in E district.

E. The Plaintiff is the Defendant Company regarding the instant contract guarantee agreement.

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