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(영문) 서울중앙지방법원 2016.04.06 2015가합563176
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,003,914,324 and KRW 998,537,040 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on July 5, 2013, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(i)the Korea Exchange Bank (hereinafter referred to as the “Korea Exchange Bank”) hereinafter referred to as the “Korea Exchange Bank”)

(A) As to a debt to be loaned from the Trade Insurance Act, an export credit guarantee agreement is concluded between July 5, 2013 and July 3, 2015 (hereinafter “instant credit guarantee agreement”) setting the guarantee period from July 5, 2013 to July 3, 2015.

(2) On the same day, Defendant B, as the representative of the Defendant Company, issued an export credit guarantee certificate with the same content as the instant credit guarantee agreement. Defendant B is a joint and several surety for all obligations owed by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement. (2) According to the instant credit guarantee agreement, the Defendant Company and the joint and several surety are liable to repay the amount guaranteed by the Plaintiff in advance when the grounds, such as filing an application for rehabilitation procedure, bankruptcy procedure, commencement of individual rehabilitation procedure, etc. under the Debtor Rehabilitation and Bankruptcy Act, arise.

In addition, when the plaintiff performed the guaranteed obligation, the defendant company and the joint guarantor immediately pay to the plaintiff the amount of the guaranteed obligation and reasonable expenses required for the preservation, performance, and exercise of the rights acquired by the plaintiff due to the performance of the guaranteed obligation, and shall be paid in addition to damages for delay calculated at the rate of 17% per annum from the day following the date of the performance of the guaranteed obligation, and if the amount repaid by the defendant company is insufficient to extinguish the total amount

3. On July 5, 2013, the Defendant Company: (a) determined on July 4, 2014 as the due date for the payment of a credit guarantee certificate issued by the Plaintiff, based on the credit guarantee agreement of this case from a non-party bank; and (b) KRW 1 billion.

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