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(영문) 서울중앙지방법원 2020.04.29 2019가합545626
구상금
Text

1. As to KRW 675,196,901 and KRW 672,095,593 among the Plaintiff, the Defendant shall pay a year from July 6, 2016 to January 5, 2017.

Reasons

1. Basic facts

A. On May 12, 2015, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) for the credit guarantee limit of 500,000,000 won, guarantee period from May 30, 2014 to March 29, 2016 (hereinafter “first credit guarantee agreement”), and a credit guarantee agreement for the guarantee limit of 180,000,000 won, guarantee period of 31 May 31, 2015 to March 29, 2016 (hereinafter “second credit guarantee agreement”), respectively (hereinafter “instant credit guarantee agreement”).

B. The Defendant jointly and severally guaranteed all obligations owed to the Plaintiff according to the respective credit guarantee agreement of this case.

C. The main contents of each credit guarantee agreement of this case are as follows.

Article 8 (Refund of Guarantee Debt, etc.) (1) B shall refund the following amounts to the plaintiff in accordance with the method determined by the plaintiff when the plaintiff has discharged the guaranteed obligation:

1. Performance amount of surety obligations;

2. The reasonable expenses required for the preservation, performance, and exercise of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation. B will be paid to the Plaintiff after adding the damages calculated by multiplying the number of days from the date following the due date for payment determined by the Plaintiff to the date of repayment, by the overdue interest rate determined by the Plaintiff.

③ B will pay to the Plaintiff the following expenses paid on behalf of the Plaintiff by adding up the damages calculated by multiplying the overdue interest rate set by the Plaintiff:

1. Insurance premiums paid by the Corporation on behalf of the Corporation pursuant to Article 18 (3);

2. Expenses required for the execution, preservation (including termination), transfer, exercise and legal procedures of bonds;

D. The overdue interest rate applicable to B under each credit guarantee agreement of this case is 11% per annum until January 5, 2017 and 10% per annum from January 6, 2017.

(e) B shall provide an export credit guarantee certificate issued by the Industrial Bank of Korea pursuant to the first credit guarantee agreement and KRW 500,000,000 as security, and pursuant to the second credit guarantee agreement.

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