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(영문) 서울중앙지방법원 2017.12.15 2017가합543602
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 577,039,072 as well as KRW 556,770,512 as to the Plaintiff’s KRW 576,770,512. From February 19, 2016 to January 5, 2017.

Reasons

1. Basic facts

A. On June 25, 2013, and February 6, 2014, the Plaintiff received loans from Co., Ltd. B (hereinafter “Nonindicted Company”) and a new bank (hereinafter “new bank”) for export transactions, the Plaintiff guaranteed the Plaintiff’s obligations for the loans to the new bank within the guarantee period not exceeding the guarantee limit. However, where the Plaintiff fulfilled the guarantee obligation, the non-party company entered into a credit guarantee agreement with each of the above credit guarantee parties under each of the credit guarantee agreements with each of the above credit guarantee parties to pay damages for delay calculated by multiplying the amount of the Plaintiff’s performance of the guarantee obligation and the expenses incurred in preserving, implementing, and exercising the Plaintiff’s rights as a result of the performance of the guarantee obligation, and the period from the date following the date on which the Plaintiff’s repayment was determined to the date on which the repayment was made by the due date, by 11% per annum (from January 6, 2017 to 10% per annum, and each of the credit guarantee parties’ respective credit guarantee agreements to the Plaintiff.

On June 24, 2016, June 25, 2016, Defendant 2 of the Trade Fund Loan of the new Bank on February 6, 2014, 700,000,000 as joint and several sureties in the guarantee period guarantee period guarantee period guarantee institutions loaned by the lending institution No. 1, the Defendant of the Trade Finance of the New Bank on February 5, 2016

B. Around December 15, 2015, the new bank notified the Plaintiff of the occurrence of a guarantee accident stipulated in each of the credit guarantee agreements of this case on the grounds that the non-party company filed an application for rehabilitation with the Seoul Central District Court 2015 Gohap100286 on December 10, 2015, and requested the performance of the guaranteed obligation on January 14, 2016.

Accordingly, the Plaintiff’s KRW 784,946,210 (=89,824,710) to the new bank on February 18, 2016 (=89,824,710).

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