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(영문) 서울중앙지방법원 2017.11.16 2017가합508036
구상금 등 청구의 소
Text

1. As to KRW 658,527,446 and KRW 648,104,651 among the Plaintiff, Defendant A shall be from October 28, 2016 to July 1, 2017.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement and issued a letter of credit guarantee agreement with Defendant A who operates the “Criju station” and entered into a credit guarantee agreement twice as specified in the following table:

(Then, the above credit guarantee agreement partially changed the terms and conditions of the guaranteed amount and the term of guarantee (hereinafter the changed terms and conditions), and the second guarantee (hereinafter the second guarantee agreement). According to the first and second guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant A agreed to reimburse the Plaintiff for the amount of the guaranteed obligation and the amount of delay from the date of the performance of the guaranteed obligation to the date of the repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation.

(Article 10). The agreed delay interest rate applicable from February 1, 2016 is 10% per annum.

The amount of guarantee (amount modified) of the first guarantee (amount of guarantee) of the loan for the subject of loan (amount changed) within the guarantee period (amount) (amount of guarantee) of the first guarantee (amount of loan for the subject of loan) of September 14, 2012 (569,500,000 (536,000,000) of September 13, 2013 (9 November 25, 2016) of a corporate purchase loan of KRW 670,00,000,000 (242,250,000) of the second guarantee of November 29, 2012, 2013, each of the credit guarantee limit of KRW 30,000,000 (242,250,000, Nov. 25, 2016) was granted by each national bank of KRW 300,000,000 issued by the Plaintiff (hereinafter referred to as “credit limit of each national bank of KRW 10130,7,20000.

(2) In the meantime, Defendant A and Defendant A concluded a contract to establish a "general collateral" and the so-called "general collateral security" and completed the establishment of a mortgage (hereinafter referred to as the following) that covers all obligations to be incurred at present and in the future by the National Bank and Defendant A through credit transactions as listed in the table below.

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