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(영문) 서울중앙지방법원 2017.09.22 2017가단5041234

구상금

Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 182,188,120 and KRW 181,136,060 among the Plaintiff and the Plaintiff’s KRW 181,136,060, Dec. 16, 2016.

Reasons

1. Basic facts

A. On September 13, 2016, the Plaintiff entered into an export credit guarantee agreement (hereinafter “instant guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the following contents, and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff.

A C

B. According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company agreed to pay to the Plaintiff the expenses incurred in preserving, transferring, and exercising the rights acquired as a result of the performance of the guaranteed obligation, and the damages for delay calculated at the rate determined by the Plaintiff (11% per annum from December 16, 2016 to January 5, 2017, and 10% per annum from the following day to the date of repayment of the guaranteed obligation).

C. On October 24, 2016, Defendant Company and Defendant B entered into a mortgage agreement (hereinafter collectively referred to as “instant mortgage agreement”) with respect to each real estate listed in the separate sheet, which is the only real estate owned by Defendant Jeonbuk Bank (hereinafter “Defendant bank”) as indicated in the order, and registered the establishment of a neighboring mortgage (hereinafter collectively referred to as “instant mortgage registration”) as indicated in the order.

From October 2016, the Defendant Company notified the Plaintiff of the occurrence of a guarantee accident under the instant guarantee agreement on November 10, 2016, and the Plaintiff subrogated for KRW 181,136,060 to a corporate bank on December 15, 2016, and paid KRW 1,052,060 by subrogation due to expenses incurred in preserving the claim.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 13 (including additional numbers), the Court Administration of this Court, and the result of each fact inquiry into the Korea Credit Information Institute, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against the defendant company and the B, the defendant company and the B shall jointly and severally provide the plaintiff with the amount of the above subrogation and the payment by subrogation.