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(영문) 서울고등법원 2016.06.24 2015나2044838

구상금 등

Text

1. The part concerning the Defendants in the judgment of the first instance is revoked.

2. Of the instant lawsuit, the Plaintiff’s calculated special lectures.

Reasons

1. The following facts are found to be without dispute between the parties or acknowledged by Gap evidence Nos. 1 to 8 (including, if any, the identification number; hereinafter the same shall apply) and Eul evidence No. 1 based on the overall purport of the pleadings:

A. On June 26, 2013, the Plaintiff entered into an export credit guarantee agreement with the non-party E Co., Ltd. (hereinafter “non-party E”) and entered into an export credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the non-party E Co., Ltd. (hereinafter “non-party E Co., Ltd.”) on a fixed basis as of June 25, 2014 as the credit guarantee limit amount of KRW 950,00,000 and June 25, 2014. Co., Defendant A, the representative director of the non-party company, jointly and severally guaranteed the instant credit guarantee agreement. According to the instant credit guarantee agreement, the contract and the guarantor shall pay the Plaintiff the amount subrogated by the Plaintiff and the damages incurred from delay and the expenses incurred in exercising or preserving the claim for compensation pursuant to the ratio (11%) set by the Plaintiff from the date of subrogated repayment to the date of full payment.

3) On June 26, 2013, pursuant to the instant credit guarantee agreement, the Plaintiff issued to Nonparty Company an export credit guarantee certificate with a maximum credit guarantee amount of KRW 950,00,000, and a guarantee period of KRW 950,000 on June 25, 2014. On June 26, 2013, Nonparty Company obtained a loan (hereinafter “instant loan”) with a maturity of KRW 1,400,000 from Nonparty Bank as security on June 25, 2014 (hereinafter “instant loan”). (b) On June 25, 2014, Co-Defendant A of the first instance trial and Defendant Accounting Special Party Co-Defendant A concluded a collateral security agreement between Co-Defendant A and Defendant Accounting Special Corporation on January 6, 2014 (hereinafter “instant real estate”). As to the real estate (hereinafter “the instant real estate”).