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(영문) 서울중앙지방법원 2011.12.06 2011가단203967

보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) The Plaintiff entered into an export credit guarantee agreement with A to April 30, 208 and provided loans of 250 million won by setting the loan period as of April 23, 2009. On April 23, 2009, the Plaintiff entered into an additional agreement with the Defendant to extend the loan period to April 23, 2010. (2) On April 30, 2008, A Co., Ltd. (2) concluded an export credit guarantee agreement with the Defendant to provide a guarantee period of 200 million won, guarantee period of 200 million won, and 7.5 billion won to the Plaintiff from April 24, 2008 to April 23, 209, and submitted the export credit guarantee agreement with the Plaintiff to obtain an export credit guarantee agreement with the Plaintiff (hereinafter “instant credit guarantee agreement”) to provide a guarantee period of 200 million won to the Plaintiff without any special circumstance between the Defendant and the Defendant and the Plaintiff (hereinafter “Defendant’s insurance guarantee agreement”).

2. Judgment on the defendant's defense, etc.

A. According to the Defendant’s assertion, the Defendant’s “export credit guarantee implementation agreement prior to shipment” and “standards for examination of compensation for credit guarantee prior to shipment”, etc., which apply to the Plaintiff as an export credit guarantee agency of the Defendant, where a joint guarantor has been designated as a person of bad credit standing pursuant to the Credit Information Management Rules of the Korea Federation of Banks, a new guarantee shall not be granted, and where the Plaintiff violated this, the Defendant may be exempted from liability for guarantee, and at the