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(영문) 서울중앙지방법원 2014.07.25 2014가합513389
구상금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 140,310,486 and its amount from March 11, 2009 to April 16, 2014.

Reasons

1. The following facts are found to be in dispute between the Parties or recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1 to 4, 9 to 14 (including each number; hereinafter the same shall apply), Eul evidence 7, and Eul evidence 7:

A. (1) On June 17, 2004, the Plaintiff entered into a ceiling trading agreement between the Defendant Company and the Plaintiff and the Plaintiff, at the request of the Defendant Company from June 17, 2004 to June 30, 2005, provides a guarantee for bidding, etc. or provides a loan for operating funds, etc. (hereinafter “instant ceiling trading agreement”).

(2) On June 29, 2004, Defendant B, the representative director of the Defendant Company, at the time, jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company to the Plaintiff when the Plaintiff performed the guaranteed obligation under the said limit transaction agreement. (2) On June 29, 2004, the Plaintiff issued the Han-gu Construction Co., Ltd., the executor of the “DAPT New Construction” under the said limit transaction agreement, to the Defendant Company, the warranty bond of KRW 104,946,030,00,000,000 for the general guarantee, and KRW 24,030,000 for the guarantee bond of the above new construction, among the new construction works executed by the Defendant Company, the warranty bond of KRW 104,719,00,00 for the above new construction works, and the warranty bond of KRW 104,946,030,00 for the roof, roof, and roof 94,030.

B. 1) After that, even if there was a defect in the columns, bearing walls, beams, floors, and the roof of the above DAPT, the Defendant Company failed to perform its duty of repairing the defect, the occupants of the above DAPT filed a lawsuit seeking damages against the Plaintiff (Seoul District Court Decision 2007Gau5245, Gwangju District Court Decision 2007Gau5245, "Japan Construction Co., Ltd., the Defendant Company, and the Plaintiff jointly and severally for the said occupant.

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