beta
(영문) 서울중앙지방법원 2016.05.03 2015가합575520

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,605,515,275 and KRW 1,005,968,210 among them, starting from December 28, 2012.

Reasons

1. Indication of claim;

A. 1) Defendant EP Co., Ltd. (hereinafter “Defendant Co., Ltd”).

On June 1, 2012, the Plaintiff entered into an export credit guarantee agreement with the foreign exchange bank, setting the limit of KRW 1 billion per annum, 11% per annum, and the Plaintiff’s guarantee obligation, and agreed to pay the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation, the preservation cost of rights, and damages for delay in accordance with the interest rate determined by the Plaintiff. On the same day, Defendant A guaranteed the Plaintiff’s obligation owed by the Defendant Company pursuant to the said credit guarantee agreement. (2) The Defendant Company received a loan from the foreign exchange bank as security for the Plaintiff’s export

After that, the current number of shares issued by the Defendant Company lost the benefit of the Defendant Company due to the default on payment of the due date. On December 27, 2012, the Plaintiff paid KRW 1,005,968,210 of the principal and interest of the loan to a foreign exchange bank, by subrogation, and paid KRW 3,045,140 for the preservation of claims, such as provisional seizure of real estate.

B. 1) On June 3, 2012, the Defendant Company entered into an export credit guarantee agreement with the Plaintiff on the ceiling of credit guarantee, USD 1,00,000 per annum, 11% per annum with the loan handling institution, and agreed to pay the Plaintiff the performance amount of the guaranteed obligation, the preservation cost of rights, and the delayed interest rate determined by the Plaintiff upon the performance of the Plaintiff’s guaranteed obligation. On the same day, the Defendant Company jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement. 2) Korea Bank purchased the Defendant Company’s export bonds, but did not deposit the purchase price, notified the Plaintiff of the occurrence of the guaranteed obligation on December 28, 2012, and claimed for the performance of the guaranteed obligation on January 29, 2013.

3) On February 28, 2013, the Plaintiff recovered KRW 498,356,678 from the Defendant Company on March 20, 2013, after he/she subrogated for KRW 1,091,854,810 (in oil 765,794.35 oil x exchange rate 1,425.78.

Interest accrued after the date of subrogation is KRW 3,003,793.

(c).