logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.10 2020가단5214087
구상금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 1,736,631,960 and KRW 1,736,618,360 among the Defendants. From August 6, 2015 to January 6, 2017.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on February 10, 2015.

(1) An export credit guarantee agreement between the maximum amount of credit guarantee and the maximum amount of 630,00,000 won, and the term of guarantee as of February 25, 2016 (hereinafter referred to as “first guarantee agreement”).

C Co., Ltd. (hereinafter referred to as “C”)

(2) On February 25, 2015, C issued a credit guarantee certificate. On February 25, 2015, C loaned to Defendant Company KRW 700,000,000 as of February 25, 2016. (2) On February 25, 2015, the Plaintiff entered into an export credit guarantee agreement with Defendant Company for the limit of credit guarantee amount of KRW 746,50,000, and the guarantee period of KRW 746,500,00, and issued a credit guarantee certificate to D (hereinafter referred to as “D”).

D on March 13, 2015, a loan was made on March 11, 2016 with a maturity of KRW 746,500,000 to Defendant Company.

3) On April 9, 2015, the Plaintiff entered into an export credit guarantee agreement with Defendant Company for the maximum amount of credit guarantee KRW 342,00,000,000, and the term of April 14, 2016 (hereinafter “third guarantee agreement”). The Plaintiff entered into a guarantee agreement with Defendant Company for the first and second guarantees agreement.

(D) On April 15, 2015, Defendant B provided a joint and several guarantee to the Plaintiff of the Defendant Company on April 14, 2016, when the Defendant Company due KRW 342,00,000,000 was due. (iv) Defendant B provided a joint and several guarantee to the Plaintiff of the Defendant Company.

B. According to Article 8(1) of each Guarantee Agreement, the Defendants paid the amount calculated by adding up the damages calculated by multiplying the amount from the day following the deadline for payment determined by the Plaintiff to the day of full payment where the Plaintiff performed the guaranteed obligation, the amount of the guaranteed obligation, the amount of the Plaintiff’s preservation, performance, reasonable expenses incurred in exercising the right acquired by the Plaintiff due to the discharge of the guaranteed obligation, and the amount where the Defendants failed to repay the amount

C. The Defendant Company, on May 30, 2015, caused a guaranteed incident on the ground of the loss of the benefit of time.

arrow