(영문) 서울중앙지방법원 2015.05.07 2013가합526593

구상금 등


1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 153,217,90 and KRW 151,902,580 among them, respectively. < Amended by Act No. 11845, May 23, 2013>


1. Basic facts

A. On February 2, 2012, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit guarantee limit of KRW 150,000,000, the Bank of Korea for Loan Institutions, and the Guarantee Period from February 1, 2012 to January 31, 2013, and on the same day, Defendant B guaranteed the Plaintiff’s debt owed by Defendant A under the said agreement.

B. According to Article 8 of the above Export Credit Guarantee Agreement, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation when the Plaintiff fulfilled the guaranteed obligation, the amount of the guaranteed obligation, reasonable expenses incurred in exercising the Plaintiff’s right to preserve performance due to the performance of the guaranteed obligation (Paragraph 1), and if Defendant A fails to repay the above amount, the amount shall be paid by adding up the damages for delay calculated by multiplying the amount by the overdue interest rate set by the Plaintiff as to the number of days

(2) In addition, according to the Plaintiff’s Domestic Compensation Manual incorporated into the above guarantee agreement, the interest rate for delay to be paid by Defendant A to the Plaintiff is 11% per annum (Article 27(1)), and the application of such interest rate is calculated from the date the Plaintiff performed the guaranteed obligation and the date following the due date set by the Plaintiff, whichever comes later.

(Article 27, paragraph 3). (c)

Defendant A received a loan of KRW 149,900,000 from the Industrial Bank of Korea on February 3, 2012 in accordance with the above export credit guarantee agreement, with the due date fixed on January 31, 2014, and thereafter the Plaintiff and A extended the guarantee period of the above export credit guarantee agreement until January 31, 2014.

On February 28, 2013, Defendant B entered into a mortgage agreement with Defendant C on KRW 120,000,000 with respect to the instant land and KRW 1,327 square meters (hereinafter “instant land”). The aforementioned content is as follows: (a) on March 4, 2013, which was received on March 4, 2013 from the Pyeongtaek-gun Branch Office of Chuncheon District on the instant land; and (b) on March 4, 2013, Defendant C entered into a mortgage agreement with Defendant B as to the instant land.