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(영문) 서울남부지방법원 2015.12.10 2014가합112553
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and B, jointly and severally KRW 55,125,414, and the aforementioned amount, from January 29, 2007 to January 2013.

Reasons

1. Facts of recognition;

A. On May 31, 1999, the Plaintiff entered into a guarantee agreement with the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the instant project, which is the executor of the Kimpo-si D Apartment-si Construction Project (hereinafter “instant project”). In the event of a guarantee accident that the Defendant Co., Ltd. loses housing supply capacity due to bankruptcy, bankruptcy, etc., the Plaintiff entered into a guarantee agreement on the part of the buyer for the execution of the sale guarantee (hereinafter “instant guarantee agreement”). The Defendant B jointly and severally guaranteed the Defendant Co., Ltd.’s obligation pursuant to the guaranteed obligation agreement with the Plaintiff, the main contents are as follows.

Amount guaranteed: The guarantee period of Article 2 (Guarantee Period) of the 162,248,120,000 won shall be fixed from the date of the supply contract ( May 31, 199) to the date of inspection for use ( December 2001): Provided, That where the guarantee period of the certificate issued has not expired but the obligation to be borne by the contract person with respect to it has not been terminated, the responsibility under this Agreement shall continue to be valid until such obligation is terminated.

(2) With respect to the payment under paragraph (1), the amount shall be paid from the date of the payment of the deposit to the return association as stipulated by the regulations of the return association. In addition to the substitute payment paid by the return association, the substitute payment paid by the return association, the legal procedure expenses paid by the return association, and the litigation expenses, the amount of the deposit shall be paid immediately. Article 14 (Liability of Joint and Several sureties) ① A joint and several sureties (Liability of Joint and Several sureties) takes the name and seal of the joint and several sureties without the name and seal of the joint and several sureties, and the objection to the transaction shall not be raised.

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