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(영문) 서울중앙지방법원 2017.07.21 2016가합503324

구상금

Text

1. Defendant A, B, and C Co., Ltd. jointly and severally with the Plaintiff KRW 821,958,040 and KRW 816,020,230 out of the said money.

Reasons

1. Facts of recognition;

(a) Export credit guarantee agreement and performance of guaranteed obligation 1) Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”), the trade name is entered only in the first place and omitted the indication “

(2) According to the export credit guarantee agreement concluded with the Plaintiff on January 7, 2015, the term of payment was extended to KRW 810,00,000,00 for driving capital loaned by the Industrial Bank of Korea on June 3, 2014. Defendant C Co., Ltd and Defendant B, the representative director thereof, jointly and severally guaranteed each obligation owed by Defendant A to the Plaintiff pursuant to the export credit guarantee agreement. According to the above credit guarantee agreement, where Defendant A fails to pay the loan, and the Plaintiff performs the guaranteed obligation, Defendant A shall pay the Plaintiff delayed interest rate calculated by the date following the date of payment of the guaranteed obligation and the due date of payment of the guaranteed obligation, ② subrogated payment shall be made by the Plaintiff, such as expenses incurred by the Plaintiff to perform and preserve the guaranteed obligation.

3) Since June 8, 2015, Defendant A did not pay interest from June 2015, the Industrial Bank of Korea notified the Plaintiff of the occurrence of an export credit guarantee. On September 24, 2015, the Plaintiff paid KRW 816,020,230 to the Industrial Bank of Korea on September 24, 2015. The amount of substitute payments incurred therefrom is KRW 5,937,810, and the overdue interest rate determined by the Plaintiff is 11% per annum. (B) The details of disposal of real estate owned by Defendant C are as shown in [Attachment 1].

On September 2, 2015, Defendant D Co., Ltd. (the maximum amount of KRW 600 million, Defendant C) on September 2, 2015, details of registration of real estate subject to the contractual terms of the contractual counterpart, as indicated in the separate sheet No. 72531, Sept. 2, 2015, Defendant D Co., Ltd. (the debtor C) for the branch office of Sung-nam Branch of the real estate Suwon District Court as indicated in the separate sheet No. 72531, Sept. 2, 2015, and Defendant D DD No. 2, Sept. 2, 2015, receipt on September 2, 2015.