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(영문) 서울중앙지방법원 2020.04.09 2019가단5134628

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of November 12, 2012 between the Plaintiff and B (hereinafter “B”) that had engaged in ordinary transactions, the Plaintiff drafted a letter of credit sales agreement between B and C (hereinafter “principal agreement”) stating that if the Plaintiff supplied the money to credit (200 million won on total credit amount) within the joint and several guarantee of C and D, B would pay for the purchase price of the goods within 30 days from the date of supply.

B. B, on November 12, 2012, issued the following payment guarantee certificates from the Defendant, and thereafter, continued transactions by November 29, 2016, with the same payment guarantee certificate that provides the guarantee period as one year (on November 11, 2017, the expiration date of the final guarantee period) and submitting it as security to the Plaintiff as security (hereinafter “instant payment guarantee certificate”), and until November 29, 2016.

The purpose of guarantee of the loan guaranteed by the debtor B is to guarantee the content of the loan guaranteed by the debtor: The content of the special agreement on the loan incurred during the guarantee period: The period of guarantee of the loan guaranteed by the debtor shall be from November 12, 2012 to November 12, 2013, only when the principal debtor has any of the following reasons:

1. Where a disposition of transaction suspension is issued by a clearing house;

2. When an application for a commencement of composition or company reorganization procedures has been made, if there is no request for the discharge of guaranteed liabilities from return within two months after the expiration of the guarantee period, the guaranteed obligation shall be deemed to be extinguished;

C. B had already been liable to the Plaintiff for the credit payment amounting to KRW 593,687,980 before entering into a main contract. From November 12, 2012, the date of entering into the main contract, November 11, 2017, the price of the money that the Plaintiff supplied to B was KRW 943,656,320, and the price paid by B to the Plaintiff during that period was KRW 1,37,501,970, and the guarantee period was separate.