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(영문) 서울중앙지방법원 2016.09.08 2016가합530975
구상금
Text

1. The Defendant: (a) KRW 231,357,432 to the Plaintiff; and (b) KRW 11% per annum from December 5, 2015 to June 8, 2016 to the Plaintiff.

Reasons

Facts of recognition

On July 28, 2014, the Plaintiff entered into an export credit guarantee agreement with B (hereinafter “the instant credit guarantee agreement”) with respect to the guarantee for the repayment of loans that the Bank of Korea (the Office of the CK) will have to obtain from B in connection with export transactions, setting the guarantee limit of KRW 230,000,000,000, and the guarantee period from July 28, 2014 to July 27, 2015 (hereinafter “the instant credit guarantee agreement”), and issued the same credit guarantee certificate (C number) with B.

B A on July 29, 2014, a loan was granted on July 27, 2015 by setting the maturity period of KRW 230 million from the Industrial Bank of Korea as the security of the said credit guarantee certificate as the credit guarantee certificate as the maturity date for payment.

(hereinafter “instant loan”). On July 14, 2015, the Defendant jointly and severally guaranteed the indemnity obligation to be borne by B to the Plaintiff pursuant to the instant credit guarantee agreement.

Article 8 of the Credit Guarantee Agreement provides, “B shall reimburse the Plaintiff for reasonable expenses incurred in the exercise of the Plaintiff’s right to compensate for the amount of the performance of the guaranteed obligation and the performance of the guaranteed obligation, and if delay is made, it shall pay the above amount by adding up the damages calculated by multiplying the number of days from the day after the date determined by the Plaintiff by the overdue interest rate as determined by the Plaintiff for the number of days from the date of repayment until the date of repayment.” The Plaintiff sets up

After July 27, 2015, the expiration date of the guarantee period of the credit guarantee agreement of this case and the repayment period of the loan of this case was extended by July 27, 2016.

However, on October 8, 2015, B filed an application for corporate rehabilitation and caused a guarantee accident stipulated in the credit guarantee agreement of this case.

Accordingly, on October 19, 2015, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a guarantee accident, and requested on October 28, 2015 to discharge the guaranteed obligation under the instant credit guarantee agreement.

Accordingly, on December 4, 2015, the Plaintiff rendered to the Industrial Bank of Korea the principal of the instant loan 230 million won.

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