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(영문) 서울중앙지방법원 2015.12.23 2015가합529275
구상금
Text

1. The Defendants shall jointly and severally serve as KRW 2,017,325,00 for the Plaintiff and the period from April 30, 2010 to October 8, 2015.

Reasons

1. Facts of recognition;

A. On August 27, 2003, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), with the limit on guarantee amount of KRW 3,185,148,00, general guarantee amount of KRW 9,910,504,00, payment guarantee amount of KRW 2,478,492,00, and the contract period of the contract from August 27, 2003 to June 30, 2004 (hereinafter “the first credit limit agreement”), and entered into a credit guarantee agreement with the limit on guarantee amount of KRW 4,693,380,00, general guarantee amount of KRW 10,220,000, KRW 365,000, KRW 365,000, KRW 68,005, May 18, 2005 (hereinafter “the first credit limit agreement”).

On March 15, 2004, the Plaintiff: (a) on March 15, 2004 pursuant to each of the above agreements, among E Apartment Construction, the guaranteed amount of KRW 1,194,60,000, and the guarantee period from March 15, 2004 to March 30, 2005 (this shall be extended from March 31, 2005 to June 30, 2005); (b) the first guarantee letter of contract guarantee (hereinafter referred to as “the first guarantee letter”) with the guarantee creditor, the current comprehensive construction company, the current progress industry development company (hereinafter referred to as “stock company”) (hereinafter referred to as “the each indication of each “the guarantee letter”); (c) among the Construction of F Apartment Construction, the guarantee period of KRW 910,00,000,000, and (d) from April 15, 2005 to April 30, 2005 to April 31, 2005.

B. Defendant B, Defendant Daesung Development Co., Ltd. (hereinafter “Defendant Daesung Development”), Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant D jointly and severally guaranteed all the obligations that Defendant A would incur to the Plaintiff pursuant to the respective limit of transaction agreements.

C. After Defendant A was issued with each of the above contract guarantee guarantees, there was an occurrence of a guarantee accident because Defendant A failed to perform the contract to the guarantee creditor.

Accordingly, the plaintiff was first on April 30, 2010 in accordance with each limit transaction agreement.

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