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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 303,484,509 and KRW 278,684,509, respectively, from September 30, 2010 to 15.
Reasons
1. Indication of claim;
A. On June 29, 2005, the Plaintiff entered into a limited transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the effect that the guarantee limit of general guarantee of guarantee of 1,251,150,000 won and the guarantee limit of 2,794,050,000 won on June 17, 2008, the Defendant Co., Ltd. shall guarantee all kinds of obligations to be borne by other companies, etc. in the course of performing construction works, etc., and Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Co., Ltd. pursuant to the above limit transaction agreement.
B. On June 1, 2007, the Plaintiff issued a guarantee of KRW 112,560,000 of the guaranteed amount to the Sungsung Development Co., Ltd. in accordance with the said Limit Transaction Agreement. On May 7, 2008, the Plaintiff issued a guarantee of guarantee of KRW 15,939,80 to the Sungsung Industrial Co., Ltd. as well as a guarantee of guarantee of KRW 15,939,80 for the purpose of guaranteeing the performance of the Defendant’s contract or the repair of defects.
C. Since then, the Defendant Company failed to properly implement the construction contract for the construction project due to the dishonor, etc., the Plaintiff paid totaling KRW 310,619,653 to the guaranty creditor as shown in the table below under the pretext of performance guarantee or defect liability guarantee.
(H) On September 30, 201, 201, 201, 200, 210, 210, 210, 210, 210, 210, 7779,653, 200, 3200, 41, 6,800, 3200, 53,000, 100,000, 315,000, 3,000,000, total of 310,619,00,00,000, 53,00,00,000, were collected from Defendant Company on September 5, 2013 (the sum of 3,00,00,000,619,653,653,00).
Therefore, the Defendants jointly and severally set forth in the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the payment date to the final delivery date of a copy of the complaint of this case, with respect to the amount that the Plaintiff paid to the guaranty creditors, such as the Plaintiff, including the pertinent payment date, and from the following day to the date of full payment, the Defendants jointly and severally set forth in the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc.