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(영문) 서울중앙지방법원 2014.10.16 2013가합537609
구상금 등 청구의 소
Text

1. The Defendant is jointly and severally with the Plaintiff as to KRW 1,338,701,956 and KRW 1,147,237,746, among them, from August 10, 2012.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an export credit guarantee agreement with the Defendant, around May 17, 201, as well as USD 4,000,000, and the loan-handling institution Co., Ltd. (hereinafter “Korea Bank”).

(2) The term “the first credit guarantee agreement of this case” refers to an export credit guarantee agreement between May 18, 201 and May 17, 2012 (hereinafter “the first credit guarantee agreement of this case”).

(B) Around December 30, 201, the credit guarantee limit of KRW 180,00,000, the Export-Import Bank of Korea and the Export-Import Bank of Korea guarantee agreement for the guarantee period from December 30, 201 to June 29, 2012 (hereinafter referred to as the “Second Credit Guarantee Agreement”).

(B) At the time of the conclusion of each credit guarantee agreement of this case, B made a joint and several guarantee to the Plaintiff under each credit guarantee agreement of this case.

3. At the time of each credit guarantee agreement of this case, the defendant, when the plaintiff performs the guaranteed obligation, reimburses the plaintiff according to the method determined by the plaintiff, the amount of the guaranteed obligation and reasonable expenses required for the exercise of the right to preserve and discharge the right acquired by the plaintiff, and in the event that such repayment is not made, the amount calculated by multiplying the date from the day after the date determined by the plaintiff to the date of repayment by the overdue interest rate as determined by the plaintiff.

B. The Defendant applied for the purchase of export bills to our bank as collateral for the export credit guarantee certificate issued under the first credit guarantee agreement of this case, and our bank accordingly purchased export bills of exchange amounting to USD 1,013,197.09 from the Defendant.

In addition, the defendant is issued by the second credit guarantee agreement of this case.

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