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(영문) 서울중앙지방법원 2018.07.05 2017가합563934
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 247,650,811.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On December 20, 2012, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “A”) on the warranty liability (hereinafter “instant warranty contract”) with the main contents, such as: (a) the guaranteed amount, KRW 246,173,00; and (b) the term of guarantee, on December 30, 2022, with respect to defects arising from the building constructed and sold by the said Defendant Hongcheon-gun E Complex (hereinafter “instant building”); and (c) the guaranteed amount paid to the guaranteed creditor, the Plaintiff guaranteed the guaranteed obligation of the said Defendant; (d) the said Defendant paid the guaranteed amount to the Plaintiff without delay.

B. At the time of the conclusion of the instant guarantee agreement, Defendant B Co., Ltd., Defendant C, and Defendant D jointly and severally guaranteed all obligations that Defendant A would have to pay to the Plaintiff under the instant guarantee agreement.

C. Article 11 (Evidence 2) of the Guarantee Contract of this case (Evidence 2 of this case) provides, “The Plaintiff shall, as a matter of course, bear the obligation to repay the amount guaranteed by the Plaintiff, without notice or peremptory notice, in the following cases to the agreed person (Defendant A) or the joint guarantor, and shall not raise any objection even after the Plaintiff exercised the right to indemnity in advance,” and subparagraph 2 of the same Article provides, “When the Plaintiff fails to perform the obligation under this Agreement or any other contractual terms or the obligation to the guarantee creditor, or is deemed impossible to perform the obligation, of the Plaintiff” as one of the grounds for the prior indemnity.

In accordance with the instant guarantee agreement, the Plaintiff issued five warranty bonds (the guarantee creditor shall be deemed to have changed to the council of occupants' representatives when the council of occupants' representatives is organized) with the head of Hongcheon-gun (Provided, That the guarantee creditor shall be deemed to have changed to the council of occupants' representatives), and five warranty bonds (the evidence No. 3-1 to 5, hereinafter "each warranty bond of this case") with the principal debtor as the defendant.

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