beta
Text
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B Co., Ltd. is the Plaintiff’s KRW 594,117,292 and the amount among them.
Reasons
1. Basic facts
A. On March 6, 2013, the Plaintiff and the Defendant’s Limit Trade Agreement 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant B”).
(2) The terms and conditions of the guarantee limit to KRW 5,356,575,00, and the contractual period from March 6, 2013 to March 5, 2016 (hereinafter “the first limit transaction agreement”).
(2) On November 6, 2013, the Plaintiff entered into a credit transaction agreement between Defendant B and Defendant B with a guarantee limit of KRW 5,594,645,00, and the contract period from November 6, 2013 to November 5, 2016 (hereinafter “the second credit transaction agreement”), and Defendant C jointly and severally guaranteed Defendant B’s debt under the said credit transaction agreement.
B. The Plaintiff’s advance payment guarantee, etc. 1) Defendant B’s “a landscaping planting and facility construction from among the E Corporation 3 sections” (hereinafter “instant Kimpo-po-ro”).
(2) Upon Defendant B’s request under the First and Second Limit Trading Agreement, the Plaintiff issued, respectively, a guarantee creditor to the instant Kimpo Corporation and F Co., Ltd. with respect to the instant Kimpo Corporation, an advance payment guarantee period of KRW 1,04,340,00 as of March 6, 2013, the guarantee period of KRW 664,070 as of March 6, 2013 to December 4, 2013, the guarantee period of KRW 664,070,00 as of December 9, 2013, and the guarantee period of advance payment guarantee of KRW 664,00 as of December 9, 2013, from December 5, 2013 to June 30, 2014.
3) On February 14, 2014, D Co., Ltd., a guarantee creditor, terminated the subcontract with Defendant B on the ground of the waiver of the contract with Defendant B, and requested the Plaintiff to pay the advance payment on July 1, 2014. 4) The Plaintiff paid the Plaintiff KRW 498,200,000 to D Co., Ltd. on September 5, 2014. On September 11, 2014, the Plaintiff claimed reimbursement of KRW 498,200,000 to the Defendants.
C. The Plaintiff’s warranty liability, etc. 1) Defendant B is the “H” construction from G Co., Ltd. (hereinafter “instant Gangnam Construction”).
A subcontract was made and continued.