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(영문) 서울중앙지방법원 2015.05.28 2014가합509441
구상금
Text

1. Defendant A and Defendant B jointly and severally against the Plaintiff KRW 137,451,970 and KRW 136,418,940 among them.

Reasons

1. Basic facts

A. On October 12, 2012, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded an export credit guarantee agreement between the Plaintiff and Defendant A.

B) A loan-handling institution concluded an export credit guarantee agreement between October 12, 2012 and October 11, 2013 with a loan-handling institution’s credit guarantee limit of KRW 135 million as Nonparty Nonghyup Bank, and the guarantee period from October 12, 2012 to October 11, 2013 (the guarantee period was thereafter extended to October 11, 2014);

hereinafter referred to as “instant credit guarantee contract”

(2) Under the above credit guarantee, Defendant A agreed to pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation and the amount of the repayment of the guaranteed obligation at the time of the instant credit guarantee agreement, calculated at the rate prescribed by the Plaintiff (11% per annum from December 15, 2012) from the day following the date of the performance of the guaranteed obligation to the day of full payment, and ② reasonable expenses, etc. incurred by the Plaintiff in exercising the guaranteed obligation to the Plaintiff as a result of the performance of the guaranteed obligation.

B. At the time of the instant credit guarantee contract, Defendant B, the representative director of Defendant A’s joint and several sureties, jointly and severally guaranteed the obligation to be borne by Defendant A due to the instant credit guarantee contract.

C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) was actually closed by Defendant A, and on November 5, 2013, the Nonghyup Bank notified the Plaintiff of the occurrence of the guarantee accident and requested the performance of the guaranteed obligation on November 28, 2013. (2) On December 24, 2013, the Plaintiff subrogated to the Nonghyup Bank for the principal and interest of the guaranteed obligation based on the instant credit guarantee contract and paid KRW 1,03,030 to secure claims, such as provisional attachment.

Attached Form

Defendant A’s establishment of the right to collateral security on each real estate indicated in the list 1) Defendant A on July 23, 2013, Defendant NONA Co., Ltd. (hereinafter “Defendant NON”) “DON”.

2) Each of the real estates listed in the separate sheet owned by it (hereinafter referred to as "the real estates").

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