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(영문) 서울중앙지방법원 2016.04.05 2015가단5384166
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 172,923,021 and KRW 67,164,601 among them, from January 8, 2011, and KRW 39,476.

Reasons

1. Facts of recognition;

A. On February 26, 2010, the Plaintiff entered into a guarantee loan limit transaction agreement and issued a written guarantee agreement with the Defendant Company from February 26, 2010 to February 21, 2013, and entered into a guarantee limit transaction agreement with the amount of KRW 2,797,200,00, and the loan limit of KRW 623,70,000, and the Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the said agreement.

On March 31, 2010, one contract for the guarantee period of guarantee deposit under the name of guarantee creditor, which is the date of issuance of a letter of guarantee by each type of guarantee, the former State also concluded with the management office C surface Treatment Corporation from March 31, 2010 to September 26, 2010, under the contract between the management office C, and the management office of the Republic of Korea to issue an advance payment from September 27, 2010 to Oct. 113, 2010 to Oct. 20, 2010 to the guarantee management office of the Republic of Korea from Apr. 21, 2010 to Nov. 25, 2010, the Plaintiff contracted with the management office of the Republic of Korea to issue the guarantee deposit under the agreement between the former State and the management office of the Republic of Korea to the extent of issuing the guarantee deposit.

B. The former management office which is a guarantee creditor, such as the payment of deposit, terminated a contract for the said construction work due to reasons attributable to the Defendant Company. The Defendant paid KRW 164,071,580 as advance payment deposit, KRW 39,476,550 as advance payment deposit, and KRW 66,281,870 as contract deposit on November 15, 201, to the former management office of the former management office which is the guarantee creditor, in accordance with the above contract and the letter of guarantee.

(Total 269,830,000 won was paid. On the other hand, the Plaintiff collected from the Defendant Company the total sum of KRW 96,96,380 won on January 18, 201, and KRW 96,96,380 on March 13, 2012, and appropriated it for payment of some of the above KRW 164,071,580.

[Grounds for Recognition: Evidence Nos. 1-7 (including paper numbers), the purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts, the Defendants’ joint and several liability amounting to KRW 172,923,021 = 164.

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