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(영문) 서울중앙지방법원 2016.08.26 2014가합590454
약정금
Text

1. The Defendant’s KRW 89,801,215 for the Plaintiff and KRW 6% per annum from August 6, 2013 to August 26, 2016.

Reasons

Basic Facts

The plaintiff (the former title: the Korea Export Insurance Corporation) is a corporation established by the Trade Insurance Act for the purpose of trade insurance business to guarantee risks arising in connection with trade or other foreign transactions.

The defendant is a special purpose company established for the purpose of taking over and transferring the securitization assets under the Asset-Backed Securitization Act, and the management, operation and disposal of the securitization assets.

A Co., Ltd. (formerly: B Co., Ltd. and Subsequent Co., Ltd. without distinguishing them from before and after the commencement of rehabilitation procedures, and only “A” is a company established for the purpose of a business such as steel wholesale and retail business.

The Industrial Bank of Korea entered into a credit transaction agreement with A on loans of trade bills, etc., including the Plaintiff’s credit guarantee, etc. The loan obligations under the above credit transaction agreement as collateral obligations. On April 10, 2002, A’s representative director C completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in paragraph (11) of the attached Table No. 11 (hereinafter “instant collateral security”) owned by A, with respect to the Bank’s maximum debt amount, KRW 240 million,000 won, and the debtor’s collateral security (hereinafter “instant collateral security”) with respect to the real estate listed in paragraphs (1) through (10) through (10) of the attached Table No. 1 (hereinafter “instant collateral security”) on June 8, 2007.

On April 11, 2011, the Plaintiff concluded an export credit guarantee agreement (before shipment) and an import credit guarantee agreement for raw materials for export with regard to loan obligations to the Industrial Bank of Korea of A and A, setting the credit guarantee limit of KRW 1.4 billion, the credit guarantee period from April 11, 201 to April 10, 201, and the credit guarantee method revolving guarantee as a revolving guarantee, and the import credit guarantee agreement for raw materials for export.

(hereinafter “instant credit guarantee agreement”). On April 14, 201, the Plaintiff is the instant case.

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