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(영문) 서울중앙지방법원 2018.07.19 2017가단5080550

구상금

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 57,914,940 and KRW 57,159,760 among them. < Amended by Act No. 1437, Dec. 9, 2016>

Reasons

1. Basic facts

A. The facts as stated in the grounds of the attached claim concerning the export credit guarantee agreement between the Plaintiff and the Defendant A (hereinafter “Defendant A”) and B, the occurrence of guaranteed accidents, and the occurrence and amount of claims for reimbursement arising from the Plaintiff’s subrogation are deemed to have been led to confession, and there is no dispute between the Plaintiff and the Defendant Young-gu Co., Ltd.

B. Acquisition of the right to collateral security by Defendant Young-gu Co., Ltd. (hereinafter “Defendant Young-gu Co., Ltd.”)

A) Before August 2016, Defendant A received the payment of the price for the goods by supplying the goods to Defendant A. However, from around August 2016, Defendant A requested the postponement of the settlement of promissory notes paid to Defendant Young-si (i.e., an insolvent financial institution) for the payment of the price for the goods. Around that time, Defendant Young-si (including value-added tax; hereinafter the same shall apply) against Defendant A of Defendant Young-si.

(2) The details are as indicated below. From June 1, 2016 to June 77, 2016, 110, 154 from July 1, 2016 to June 31, 2016 to July 74, 316, 356,062 from August 1, 2016 to August 31, 2016 to August 31, 2016 to August 31, 2016 to September 1, 2016 to September 5, 2016 to September 30, 2016 to secure additional mortgage-backed claims against Defendant A (hereinafter referred to as “the list of the existing maximum debt amount”) or the list of the existing claims against Defendant A and the existing claims against each of the following (hereinafter referred to as “the list of the existing claims against Defendant A”) to secure the mortgage-backed claims against each of the following Defendant A through B14, 2016.

(hereinafter “instant contract”). As to the real estate set forth in paragraphs (1) through (3) from Defendant A on September 19, 2016, each of the Daegu District Court’s receipt of the Young-gu District Court’s territorial support for the real estate set forth in paragraphs (4) through (7) from Defendant B was 11243.