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(영문) 서울중앙지방법원 2017.07.11 2016가합524277
구상금
Text

1. As to KRW 273,111,630 and KRW 272,062,660 among the Plaintiff, Defendant A shall be from March 30, 2016 to May 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant A 1) On May 11, 2015, the Plaintiff is a Co., Ltd. (hereinafter “Nonindicted Company”).

As to the obligations of loans to the Industrial Bank of Korea (FFF) of the non-party company, an export credit guarantee agreement as described below (hereinafter referred to as the “instant credit guarantee agreement”).

A) A) concluded an export credit guarantee agreement and issued an export credit guarantee agreement on the same day. On the same day, Defendant A, the representative director of the non-party company, has jointly and severally guaranteed the liability for indemnity to be borne by the non-party company to the Plaintiff pursuant to the credit guarantee agreement in this case. According to the credit guarantee agreement in this case, the non-party company and the defendant A should reimburse the amount of the performance of the guaranteed liability and the amount calculated by multiplying the amount of the performance of the guaranteed liability by the overdue interest rate (11%) as determined by the Plaintiff by the due date following the repayment date determined by the Plaintiff, reasonable expenses required by the Plaintiff to preserve, transfer and exercise the rights acquired by the Plaintiff due to the performance of the guaranteed liability, execution, preservation, transfer, exercise of the claims, expenses incurred in the legal procedure, etc.

(3) On February 11, 2016, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident caused by the suspension of current account transactions by a non-party company. On March 11, 2016, the Plaintiff filed a claim for the performance of the guaranteed obligation on March 29, 2016, on a total of KRW 272,062,660,000 (i.e., principal amount of KRW 270,000,000) with the interest of KRW 2,062,660.

On the other hand, the plaintiff paid KRW 1,048,970 to the legal costs for the execution and preservation of claims, such as provisional seizure against the defendant A's property.

나. 피고 A와 피고 주식회사 B 사이의 근저당권설정계약 체결 경위 ◎ 공동사업의...

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