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(영문) 서울중앙지방법원 2016.06.01 2015가합570518
구상금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 313,292,94 and as a result, from April 7, 2005 to April 8, 2016.

Reasons

1. Indication of claim;

A. Limited Trade Agreements and Joint and Several sureties 1) The Plaintiff on October 25, 2002, Defendant A Co., Ltd. (hereinafter “A”)

() From October 25, 2002 to June 30, 2003, the duration of the contract entered into a limited transaction agreement with the effect that the guarantee limit is KRW 1,299,48,000 for tender guarantee, KRW 974,556,00 for general guarantee, KRW 324,852,00 for payment guarantee, and KRW 324,852,00 for loan limit is KRW 164,450,00 for construction loan, and the loan limit is KRW 164,450 for the Defendant B (the Plaintiff entered the “Defendant C” in the cause of the claim, but this appears to be a clerical error in the “Defendant B”.

On the same day, Defendant A made a joint and several guarantee agreement with Defendant A on July 31, 2003 to June 30, 2004 on the obligation to be borne by the Plaintiff due to Defendant A’s failure to implement the said agreement. (2) The Plaintiff made a joint and several guarantee agreement with Defendant A on July 31, 2003 to the extent that the guarantee limit is KRW 1,314,58,00, general guarantee, KRW 1,205,039,000, and KRW 328,647,000, and Defendant B made a joint and several guarantee as to the obligation to be borne by the Plaintiff due to Defendant A’s failure to perform the said agreement on the same day.

B. On July 31, 2003, the Plaintiff and Defendant A, the guaranteed amount of KRW 31,752,400, and reinforced concrete construction, guarantee creditor Hyundai Industrial Development Co., Ltd. (hereinafter referred to as “Nan-type industrial development”) among the project for relocating D residential facilities under the name of the contract.

from July 30, 2003 to the same year

8. As of 31. As of the end, a contract guarantee agreement (hereinafter “contract 1”) was concluded.

2. The same year from January 1, 2003 to 255,269,00 won guaranteed on July 31, 2003, among the construction of reinforced concrete, guarantee creditor industry development, guarantee period from among the construction of D residential facilities transfer of contract name D residential facilities.

8. As of 31. As of the end, a contract guarantee agreement (hereinafter “second guarantee agreement”) was concluded.

C. The development of modern industry, the guarantee creditor of the first and second guarantee contract of this case, which is the performance of the Plaintiff’s guarantee obligation and the occurrence of indemnity claim, has filed a lawsuit against the Plaintiff seeking the payment of performance deposit.

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