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(영문) 서울중앙지방법원 2017.04.28 2016가합567830
구상금
Text

1. The defendant shall pay 268,446,760 won to the plaintiff and 257,571,630 won per annum from June 4, 2016 to November 18, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a government-invested corporation established pursuant to the Trade Insurance Act, and the Defendant was the representative director of Nonparty B Co., Ltd. (hereinafter “B”).

B. On December 22, 2014, the Plaintiff concluded an export credit guarantee agreement (hereinafter “instant export credit guarantee agreement”) with the content of credit guarantee within the maximum amount of KRW 300 million in total, with the repayment obligation of the principal and interest of export loans received from Han Bank Co., Ltd. (hereinafter “one Bank”), and issued a guarantee certificate.

On the other hand, the defendant jointly and severally guaranteed all obligations related to the export credit guarantee agreement of this case.

C. B submitted to one bank a guarantee issued by the Plaintiff on June 29, 2015, and received a trade financing loan of KRW 300 million.

(hereinafter “instant loan”). D.

B From September 30, 2015, the Plaintiff lost the interest on the instant loan due to its default, and the Plaintiff received notice of the occurrence of an accident from one bank, and paid KRW 4,071,638, the total amount of KRW 300,000,000,000 until February 4, 2016, under the Export Credit Guarantee Agreement, to Han Bank, KRW 300,000,000,000,000 and KRW 304,071,630,00,000,000 from February 5, 2016.

E. After the commencement of corporate rehabilitation procedures in B, the Plaintiff was reimbursed KRW 46,50,000 on June 3, 2016 according to the revised rehabilitation plan approved on April 29, 2016.

F. On the other hand, Article 8 of the Export Credit Guarantee Agreement of this case provides that "B shall be liable to pay damages according to the interest rate in arrears determined by the Plaintiff from the day following the due date determined by the Plaintiff to the day of full payment."

(According to Article 30(1) and (3) of the Guidelines for Domestic Compensation by the Plaintiff, the rate of overdue interest on small and medium enterprises is 11% per annum, and the rate of overdue interest shall be calculated from the day following the date on which the guaranteed obligation is discharged).

2. Determination

A. As seen earlier.

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