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(영문) 서울중앙지방법원 2017.05.25 2016가합502888
구상금 등 청구의 소
Text

1. As to KRW 245,213,390 and KRW 244,776,560 among the Plaintiff, Defendant A’s year from December 12, 2015 to February 23, 2016.

Reasons

1. Basic facts

A. (1) The Plaintiff’s credit guarantee agreement on April 24, 2014 (Seoul Central District Court 2015Hahap100152) was declared bankrupt on October 28, 2015, and N was appointed as a trustee in bankruptcy on the same day.

The representative director before the declaration of bankruptcy is the defendant A.

M hereinafter referred to as “M”

In addition, with respect to trade financing obligations of KRW 300,000,000,000 guaranteed amount (90% of guaranteed amount) and the guarantee period from April 24, 2014 to April 23, 2015, the export credit guarantee agreement of the Plaintiff providing export credit guarantee (hereinafter “instant export credit guarantee agreement”).

(B) After the conclusion of the contract, the above guarantee term was changed on April 23, 2016.

(2) On the same day, M issued an export credit guarantee agreement with the Industrial Bank of Korea on April 24, 2014. At the time of the export credit guarantee agreement of this case, M entered into an export credit guarantee agreement with the Industrial Bank of Korea on April 23, 2015, to pay the Plaintiff expenses incurred in relation to the preservation of the claim for reimbursement acquired by the Plaintiff in addition to the Plaintiff’s repayment of the amount and damages calculated by adding the amount to the Plaintiff at the rate of overdue interest (11%) set by the Plaintiff from the day following the date of repayment to the date of repayment. Defendant A, the representative director of M, at that time, jointly and severally guaranteed all obligations owed by M to the Plaintiff pursuant to the export credit guarantee agreement of this case. 2) M’s loan obligation M submitted the export credit guarantee agreement to the Bank of Korea and its account-specific trade bills loans, limit of loans (the expiration date of the credit transaction agreement was changed to April 23, 2016, etc.).

Defendant A’s obligation to lend is determined as the guarantee limit of KRW 36 million.

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