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1. The Plaintiff:
A. The defendant limited liability company A shall be 254,292,180 won and the period from September 8, 201 to August 17, 2016.
Reasons
1. Indication of claim;
A. On April 13, 2011, the Plaintiff entered into an agreement with the Defendant Limited Company A (hereinafter “Defendant Company”); the contractual period from April 13, 201 to April 12, 2014; the guarantee limit of KRW 3,067,740,00; the loan limit of KRW 129,90,000; the credit operation fund of KRW 189,000; and the bill discount of KRW 180,00,000 (hereinafter “instant agreement”); and the Defendant B jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff regarding the instant agreement.
B. On April 13, 2011, pursuant to the instant agreement, the Plaintiff provided a guarantee for advance payment, which is from April 13, 2011 to December 6, 2011, for steel bars among the five minutes of the 5th portion of the armed Cpacting Construction that was concluded with the Defendant Company with the Defendant Company, as to steel bars and concrete works, the guarantee period of which is 451,176,00 won, and the guarantee period from April 13, 201 to December 6, 2011.
C. On September 8, 2011, 305,059,400 won was paid to Samwon Construction and collected KRW 50,767,220.
Therefore, the Defendant Company is obligated to pay to the Plaintiff the indemnity amount of KRW 254,292,180 ( KRW 305,059,40 - KRW 50,767,220) and damages for delay at the rate of KRW 6% per annum under the Commercial Act from September 8, 201 to the date of final delivery of a copy of the complaint in this case from September 8, 2011; damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment; and the Defendant Company B shall jointly and severally pay the damages for delay at the rate of KRW 254,292,180 and the damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day
2. Judgment with no applicable provisions of Acts (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);