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(영문) 서울중앙지방법원 2016.12.22 2016가합555189
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,671,823,147 and KRW 2,030,191,764 from October 31, 201.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a ceiling transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff regarding each of the instant agreements as indicated below.

Defendant B 1 on May 11, 2009 (the first agreement) Defendant B (12,893,760,000 won in aggregate of the limit on loans) Defendant B (1,219,680,000 won in aggregate of the limit on loans (the second agreement) Defendant B (19,194,120,000 won in aggregate of the limit on loans (2) Defendant B (1,815,60,60,000 won in aggregate of the limit on loans) Defendant B (19,926,720,000 won in aggregate of the limit on loans (the third agreement) Defendant B (19,926,720,000 won in aggregate of the limit on loans (2) 1,84,960,960,000 won in aggregate of the limit on loans, 14, 2010, 209, 2004, 2006, 2094, 2006, 20004.

B. Upon receipt of an application for issuance of a letter of guarantee from Defendant A in accordance with each of the instant agreements, the Plaintiff guaranteed KRW 3,869,910,000 in total by issuing a certificate of guarantee as indicated below to Defendant A.

On May 1, 2009, the 11st contract covering the guarantee creditor's guarantee deposit amount, which was the date of the issuance of the type of transaction guarantee agreement, the 2,371,60,000 won in the Hanjin Heavy Industries Co., Ltd., Ltd., the 2,371,60,000 won in the 2nd contract among the 34th construction sections of D construction works on January 28, 2010, among the 1st construction sections of D construction works, the 702,90,000,000 won in the 34th defects in the 34th construction works of Hyundai Construction Co.,, Ltd., the 3,869,910,000 won in the 3,869,910,000 won in the 34th construction works of the E facilities construction works.

C. Defendant A’s guarantee creditor knew that a guarantee accident occurred to the Plaintiff as indicated in the following table, and claimed a security deposit. The Plaintiff paid the guarantee creditor a sum of KRW 3,043,480,000 to the guarantee creditor.

On October 31, 201, 201, the secured creditor paid for the construction title on the date of the filing date of the claim, 2,328,480,000 won among D Construction Works, Hanjin Heavy Industries Co., Ltd., Ltd., among D Construction Works, on October 31, 201.

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