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(영문) 서울중앙지방법원 2016.12.21 2016가단106146
배상금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from June 16, 2016 to August 10, 2016.

Reasons

1. Basic facts

A. On April 25, 2016, the Plaintiff entered into a contract with the Seoul Central District Court 2003Gahap53218 claim for construction cost, etc., which was filed by the Plaintiff, for which the friendly special development was delegated to B with the claims and all other powers recognized in the instant case.

Specific details are as follows:

friendly Special Development shall delegate the rights to claim the construction cost, etc. of the building building C, the final judgment (the construction cost, etc. of the case No. 2003Gahap53218) and all other events and actions accompanied by such rights.

1. D)D representative E shall pay, or submit to, the Plaintiff (natural) the payment or payment guarantee letter. On May 23, 2016, the Plaintiff does not immediately raise an objection to Call in the event that the Plaintiff is unable to pay Won 35,000,000 on May 23, 2016. [The Plaintiff shall receive [payment guarantee] related to the above-mentioned provisions on April 25, 2016.

A person shall be appointed.

B. B, at the time of the contract, issued the following payment guarantee issued by the Defendant to the Plaintiff (hereinafter “instant payment guarantee”).

(B) The term “D” is deemed to be a clerical error of “B” in the following written payment guarantee statement: The Guarantee Agency shall guarantee that the following information and the back terms and conditions shall be paid to the Plaintiff You.

Insured: The content of guarantee of the principal contract: The guarantee of any specific debt: The guarantee of any debt incurred during the guarantee period: 35,000,000 won (Won 35,000,000): April 14, 2016 to May 23, 2016 (one month).

C. B did not pay KRW 35,000,000 to the Plaintiff until May 23, 2016.

On June 9, 2016, the Plaintiff demanded the Defendant to perform the guaranteed obligation based on the instant payment guarantee letter.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 3, purport of whole pleadings]

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