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(영문) 서울중앙지방법원 2019.08.22 2018가합545773
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 221,361,057 and KRW 218,935,940 among them shall be from May 16, 2018 to KRW 218,935,940.

Reasons

1. Facts of recognition;

A. On April 18, 2017, the Plaintiff entered into an export credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) and the Industrial Bank of Korea of Defendant A Co., Ltd. (hereinafter “Bank”), and the networkF (hereinafter “the network”) jointly and severally guaranteed the Plaintiff’s obligation on the same day.

B. On April 18, 2017, the Plaintiff issued to Defendant A an export credit guarantee certificate with the maximum credit guarantee limit of KRW 216 million, the guarantee period of KRW 10 million from March 10, 2017 to March 9, 2018. The Defendant A submitted the export credit guarantee certificate to the Industrial Bank of Korea and borrowed the amount equivalent to KRW 216 million.

C. On May 15, 2018, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated for KRW 218,935,940 in total with the principal and interest to the Industrial Bank of Korea, and paid KRW 2,425,117 in total with the expenses for preserving the claim for indemnity.

The credit guarantee agreement of this case sets forth the repayment due to subrogation as follows.

Article 8 (Reimbursement of Guarantee Obligations, etc.) (1) When the Corporation performs a guaranteed obligation, the principal and the guarantor shall repay the following amounts to the Corporation in accordance with the methods determined by the Corporation:

1. Amount of discharge of guaranteed liabilities (the principal and agreed interest of a credit guarantee side loan);

2. The overdue interest rate prescribed by the Corporation (amended by January 6, 2017) is 10% per annum for small and medium enterprises, 11% per annum for middle-standing enterprises, and 11% per annum for large enterprises.

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