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(영문) 서울중앙지방법원 2016.04.27 2015가합551241

보증채무금

Text

1. Defendant Technology Credit Guarantee Fund: (a) KRW 123,272,202 on the Plaintiff and its related thereto from June 5, 2015 to April 27, 2016.

Reasons

Basic Facts

The Plaintiff is a special purpose company established for the purpose of acquiring securitization assets under the Asset-Backed Securitization Act, the management, operation, and disposal of securitization assets.

The defendant Korea Trade Insurance Corporation (the Korea Export Insurance Corporation before its amendment: hereinafter referred to as the "Defendant Corporation") is a corporation established by the Trade Insurance Act for the purpose of trade insurance business to cover risks arising in connection with trade or other foreign transactions.

Defendant Technology Credit Guarantee Fund (hereinafter “Defendant Credit Guarantee Fund”) is a corporation established pursuant to the Korea Technology Credit Guarantee Fund Act for the purpose of facilitating financing for enterprises by guaranteeing the liabilities of enterprises which lack security solvency.

Before the commencement of joint management procedures, the existing loans to the capital text of the new bank, and the credit guarantee by the Defendants, a credit guarantee company of the Defendant Corporation (hereinafter “new bank”), under the credit guarantee agreement, as seen earlier, established a loan to the new company (hereinafter “new company”) on December 8, 2010, with the interest rate of KRW 500 million at the rate of KRW 6.34578% per annum and the due date of repayment on May 30, 201, under the credit guarantee agreement concluded by the Defendant Corporation.

(hereinafter “Construction Guarantee Loan”). Around that time, Defendant Corporation concluded a credit guarantee agreement of KRW 500,000 won guaranteed amount with respect to the construction guarantee loan obligation to the new bank of Gax and Gax.

The credit guarantee new bank established by the Defendant Fund shall, under the credit guarantee agreement as seen earlier, set an interest rate of KRW 450 million as the interest rate of KRW 3.9% on the basis of CD91 water, the changed interval of KRW 3.9% on the basis of the credit transaction agreement dated September 14, 2010, the due date of payment on September 13, 201 (hereinafter “No. 1 Fund Guarantee Loan”), the interest rate of KRW 90 million as the interest rate of KRW 2.69% on the basis of the CD91 water, the changed interval of KRW 3 months, and the due date of payment on November 21, 2008 pursuant to the credit transaction agreement dated 21, 208.