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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 193,189,963 and KRW 186,97,490 among them, from December 24, 2013 to March 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff’s Intervenor, the mobilization T&A Co., Ltd. (hereinafter “V&A”), and the K Co., Ltd. (hereinafter “K”) jointly contracted for the instant construction project (hereinafter “instant project”) from the Korea Land and Housing Corporation (hereinafter “LH”). On December 6, 2011, the Plaintiff’s Intervenor entered into a subcontract with the Defendant Co., Ltd for the part of public information and communications services among the information and communications construction projects that it should carry out, and entered into a contract for the supply and installation of materials with the Defendant Co., Ltd (hereinafter “Defendant Co., Ltd”) (hereinafter “instant construction contract”).
B. The Plaintiff’s Intervenor paid the Defendant Company KRW 5,00,000, and KRW 110,000,000 on April 6, 2012, and KRW 50,000 on May 14, 2012, and KRW 22,00,000 on July 9, 2012, and KRW 222,00,000 on August 22, 2012, and KRW 33,00,00,000 on September 5, 2012, and KRW 5,50,000 on March 19, 2013 as advance payment for the instant construction contract.
C. The Defendant Company concluded four performance guarantee insurance contracts (one performance guarantee contract (in advance) guarantee contract (in advance) guarantee insurance contract; hereinafter “each guarantee insurance contract of this case”) with the Plaintiff as the Plaintiff’s Intervenor. Defendant B, the representative of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to be borne by the Plaintiff under each guarantee insurance contract of this case.
1) Securities number of Type 1 Guarantee Insurance [Performance Guarantee Insurance]: Insurance period of KRW 206,250,000: from September 19, 201 to February 18, 2013: Title of prime contract for a contract: The date of subscription to C: Securities number of Type 2 Guarantee Insurance [Performance Guarantee Insurance] under Article 2 (Performance Guarantee: 5,000,000: Insurance period of KRW 55,00: From January 31, 2012 to February 18, 2013: Specific Guarantee Insurance Officer for an advance payment as of January 31, 201: