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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,321,730 and KRW 28,321,730 among them, from December 9, 2014, and KRW 16,00.
Reasons
1. Facts of recognition;
A. On December 21, 2005, the Plaintiff entered into a ceiling transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) with respect to a guarantee accident that occurred during the guarantee period of a letter issued during the contract period, which provides that the guarantee creditor shall pay the guarantee creditor a debt and thereafter claim the relevant amount to the agreed person and the joint guarantor (hereinafter “instant ceiling transaction agreement”), and Defendant E jointly and severally guaranteed the guarantee obligation of Defendant B.
Limit on Guarantee: Limit on loans of KRW 6,080,150,000 for general guarantee, KRW 7,904,195,00 for payment guarantee, and KRW 1,824,450,00 for basic loans of KRW 99,970 for contract period: From December 21, 2005 to December 20, 208
Defendant B entered into a subcontract agreement for G tunnel construction project with F Co., Ltd. (hereinafter “F”) and undertaken construction work on August 30, 2006, and the Plaintiff guaranteed the payment of the warranty bond with F as the guaranty creditor (hereinafter “instant guarantee”) within the scope of KRW 474,138,500 pursuant to the said limit transaction agreement on August 30, 2006.
C. On February 16, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) acquired the Defendant B’s obligation overlappingly, and Defendant D jointly and severally guaranteed the acquisition obligation of Defendant C.
F around October 1, 2010 and around February 7, 2011, F received a claim for repair of the defect in both directions of G tunnels from H Co., Ltd. (hereinafter “H”). Defendant B, a sewage supplier, did not comply with the repair of the defect, and after completing the repair work, Defendant B claimed KRW 61,00,000 as the deposit for the said guaranteed accident to the Plaintiff.
E. After conducting a field investigation and a guarantee examination on a guarantee accident, the Plaintiff paid KRW 29,000,000 as a warranty bond to F on December 8, 2014, and the Defendants repaid KRW 678,270 to the Plaintiff.
(f) F means the G tunnel construction again from H on June 27, 2016, around June 2016.