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(영문) 서울중앙지방법원 2020.02.19 2019가합559809
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant C shall be jointly and severally KRW 91,872,225 and KRW 91,438,670 among them.

Reasons

1. Basic facts

A. The status of the parties is a government-invested corporation established pursuant to the Trade Insurance Act, and Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), respectively (hereinafter “Defendant Co., Ltd.”), have concluded an export credit guarantee agreement with the Plaintiff regarding the borrowing of funds necessary for export transactions from each Co., Ltd. (hereinafter “E”), and Defendant C is the representative of the Defendant Co., Ltd., and is the joint and several surety of the Defendant Co., Ltd.’s obligation under the export credit guarantee agreement

Defendant D is a person who completed the registration of establishment of a neighboring real estate on the attached real estate (hereinafter “instant real estate”) indicated in the attached property owned by Defendant C.

B. The Plaintiff entered into an export credit guarantee agreement of this case with Defendant A on August 18, 2018, with regard to the receipt of funds necessary for export transactions from Defendant A, the Plaintiff entered into an export credit guarantee agreement of KRW 90,000,000 with Defendant A on the basis of the credit guarantee limit of KRW 117,00,000 with the maximum amount of guaranteed debts, the export credit guarantee agreement of KRW 720,000,000 with Defendant B on March 26, 2019, and the export credit guarantee agreement of KRW 936,00,000 with the maximum amount of guaranteed debts, and the entire arguments. According to the purport of the evidence No. 1-2 of the export credit guarantee agreement of this case, the export credit guarantee agreement of this part appears to have been based on the credit guarantee agreement and joint and several surety contract concluded on March 3, 2018 (hereinafter referred to as the “export credit guarantee agreement of this case”), and issued the export credit guarantee agreement of this case to Defendant C’s debt guarantee obligation.

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