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(영문) 서울중앙지방법원 2018.05.10 2016가합545045
구상금등청구의 소
Text

1. The defendant limited liability company A and B are jointly and severally liable to the Plaintiff for KRW 3,057,836,110 and KRW 3,057,834,937 among them.

Reasons

1. Determination as to the claim for indemnity

A. (1) On August 10, 2015, the Plaintiff entered into a credit guarantee contract with Defendant A limited liability company (hereinafter “Defendant A”) and Defendant A entered into an initial subcontract with respect to “D Work Tunnels Construction Co., Ltd. (hereinafter “D Work Tunnels”)” (hereinafter “Sscisco Construction”) which was subcontracted by Defendant A (hereinafter “D Work”). On April 3, 2014, Defendant A entered into an agreement on the amendment of the contract with Defendant A on July 14, 2015.

The credit guarantee contract was concluded to guarantee the implementation of the credit guarantee contract (hereinafter "the credit guarantee contract of this case"), and the defendant B jointly and severally guaranteed all obligations under the credit guarantee contract of this case by the defendant A, and the defendant A provided sco construction with a credit guarantee certificate issued in accordance with the credit guarantee contract of this case.

The term of the credit guarantee contract of this case, the credit guarantee principal, the principal debtor, the joint guarantor and the creditor shall be as follows:

According to each credit guarantee contract of this case from August 10, 2015 to February 28, 2017, Defendant A B Poco Construction Co., Ltd. of Defendant A, which is a joint and several surety of the principal debtor of the credit guarantee period, to Defendant A. According to each credit guarantee contract of this case. When the Plaintiff fulfilled the above guaranteed obligation, Defendant A shall reimburse the Plaintiff as the principal debtor, the damages calculated by multiplying the amount of the guaranteed obligation, namely, the amount of the subrogated payment, ② the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of the repayment; ③ the expenses incurred in the fulfillment of the guaranteed obligation; ④ the expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation; ⑤ the unpaid guarantee fee, delay, guarantee fee, and ④ the amount paid by the Plaintiff by the rate determined by the Plaintiff from the date of payment of each expense to the date of the repayment; and 7)

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