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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) KRW 184,100,000; and (b) from April 30, 2014 to November 13, 2017, respectively.
Reasons
1. Facts of recognition;
A. On February 16, 201, the Plaintiff entered into a ceiling transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the network D, the representative director of the Defendant Co., Ltd, jointly and severally guaranteed the Defendant Co., Ltd’s obligation under the said ceiling transaction agreement.
While entering into a subcontract with Hyundai Construction Co., Ltd. for “E”, the Defendant Company applied for a contract guarantee under the said Limit Trade Agreement to the Plaintiff. On January 11, 2013, the Plaintiff issued a contract performance guarantee.
B. On January 15, 2013, while the Defendant Company had been running the said “E” construction, the delayed payment (worker’s wages, material costs, and any other) occurred, and accordingly, the work was suspended due to the employees and the employees’ occupation of the office in arrears and the resistance of the employer.
On March 7, 2014, Hyundai Construction Co., Ltd., a guarantee creditor, notified the occurrence of a guarantee accident, and demanded the Plaintiff to pay the performance deposit to the Plaintiff. On April 30, 2014, the Plaintiff paid KRW 184,100,000 as the contract performance deposit for the said construction work to Hyundai Construction Co., Ltd.
C. On November 27, 2015, the deceased D’s death and qualified acceptance network D died. The deceased D’s heir had spouse F, children G, but F and G were adjudicated on April 25, 2016 to accept the declaration of renunciation of inheritance under the Seoul Family Court Decision 2015Mo12187, Seoul Family Court on April 25, 2016. On May 30, 2016, the judgment was rendered to accept the declaration of qualified acceptance under the Seoul Family Court Decision 2016Mo113 on May 30, 2016.
[Reasons for Recognition] Each entry of Gap evidence 1 to 7 (including each number)
2. If so, (1) As to the Plaintiff’s indemnity liability amounting to KRW 184,100,000, and the contract performance guarantee payment date, the Defendant Company’s Civil Act from April 30, 2014 to November 13, 2017, as the Plaintiff seeks, as the date of the final delivery of the complaint of this case.