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(영문) 서울중앙지방법원 2016.09.30 2015가합575940
구상금 등
Text

1. As to KRW 228,725,460 among the Plaintiff and KRW 226,913,340 among the Plaintiff, the Defendant shall be annually from March 13, 2015 to February 26, 2016.

Reasons

1. On April 3, 2014, the Plaintiff entered into an export credit guarantee agreement with Company B (hereinafter “B”) on a loan-handling institution, 11% per annum, 250 million won per annum on the loan principal, and 250 million won on the loan principal. The Defendant jointly and severally guaranteed B’s debt pursuant to the above agreement.

B In default of the repayment of the loan, the corporate bank notified the Plaintiff of the occurrence of the guarantee accident on January 17, 2015.

On March 12, 2015, the Plaintiff subrogated for KRW 226,913,340 on March 12, 2015, and disbursed KRW 1,812,120 on behalf of the Plaintiff for the purpose of preserving the claim.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 228,725,460 (=226,913,340 on behalf of the Plaintiff for the preservation of the claim amounting to KRW 1,812,120) and damages for delay.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)

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