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1. The Defendants jointly and severally liable to the Plaintiff KRW 37,800,000 and Defendant A and C with respect thereto from September 18, 2014, respectively, and Defendant A and C.
Reasons
1. Facts of recognition;
A. Around August 2008, the Seocho-gu Seoul Metropolitan Government D and 25 parcels of land (hereinafter “instant remodeling project”) was promoted for the apartment remodeling project (hereinafter “instant remodeling project”), the apartment remodeling association (hereinafter “instant association”) selected the Plaintiff Company and Daelim Industrial Co., Ltd. as the contractor of the instant remodeling project. On November 21, 2008, the Plaintiff and Daelim Industrial Co., Ltd. entered into a remodeling project provisional contract (hereinafter “instant provisional contract”) with the Plaintiff and Daelim Industrial Co., Ltd. to determine matters related to the instant remodeling project, and agreed on the performance guarantee and project expenses as follows.
Article 8 (Performance Bond) (1) The instant association (hereinafter referred to as the “A”) shall have the officers of “A” as joint and several sureties in order to guarantee the performance of the contract, and the Large Forest Industry Co., Ltd. and the Plaintiff Co., Ltd. (hereinafter referred to as “B”) shall submit a construction guarantee in accordance with the relevant
(2) Where a joint and several sureties A loses his/her qualification as a guarantor due to death, bankruptcy, etc., he/she shall replace the replaced joint and several sureties, and the replaced joint and several sureties
In such cases, "A" shall immediately collect a letter from the replaced joint and several sureties who succeeds to the obligations of the joint and several sureties before the replacement and submit it to "B".
(3) The joint and several sureties of the “A” under paragraphs (1) and (2) shall be jointly and severally liable with the “A” for the business expenses under paragraph (1) of Article 11 that the “A” borrows from the “B” for the project.
Article 11 (Business Expenses) (1) The business expenses under this Agreement shall be as follows, and "B" shall lend the business expenses to "A" in accordance with the terms and conditions of lease separately set forth in "A":
1. Operating expenses of the cooperative and office rent;