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(영문) 서울중앙지방법원 2019.04.25 2018가합518559

구상금 등 청구의 소

Text

1. Defendant A’s KRW 475,493,180 and KRW 227,102,520 among the Plaintiff and KRW 244,417,560 from November 17, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 7, 13, 14, and Eul evidence Nos. 1, 7, and 10 (including the number with each number).

1) Nonparty D Co., Ltd. (hereinafter referred to as “D”)

(2) Under an export credit guarantee agreement entered into with the Plaintiff, each credit guarantee instrument issued by the Plaintiff was provided as security. Defendant A, the representative director of D, has jointly and severally guaranteed the obligation for indemnity under the above export credit guarantee agreement with the Plaintiff. The term of guarantee principal of the guaranteed principal on the first date of guarantee (the date of the extension agreement) is 143,000,000 of the loan of a bank with the number of the date of loan (the date of June 19, 2017) on August 22, 2018. E on June 22, 2015. Industrial Bank of Korea 270,000,000 trade financing 225,000,000,000, and the amount of delayed repayment damages incurred by the Plaintiff to repay the guaranteed debt at the time of the first credit guarantee agreement to the Bank, and (2) the Plaintiff’s repayment of the guaranteed debt at the time of the Plaintiff’s performance of the guaranteed debt guarantee agreement, etc. is objectively necessary.

B. 1) D loses the benefit of time due to the suspension of current account transactions on September 19, 2017 and the occurrence of a credit guarantee accident. The Plaintiff subrogated to G Co., Ltd. on November 16, 2017 in accordance with the above export credit guarantee agreement, KRW 227,102,520 under the export credit guarantee agreement, and KRW 244,417,560 under the export credit guarantee agreement, respectively, to the Industrial Bank of Korea on November 17, 2017.