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(영문) 서울중앙지방법원 2017.05.18 2016가합523151
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 273,636,920 and KRW 271,862,420 among the Defendants.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

) An export credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”) with the Export Credit Guarantee Agreement.

(2) The Defendant Company: (a) issued an export credit guarantee certificate, which is the guaranteed period, from July 15, 2013 to July 13, 2016, with respect to the principal and interest of loans to be borrowed from Han Bank (Korean Exchange Bank prior to the merger), and Defendant B guaranteed the Defendant Company’s obligation under the above credit guarantee agreement; (b) the Defendant Company took out a loan from the said bank as collateral, but the Plaintiff paid the principal and interest of the loan to Han Bank on behalf of Han Bank on January 27, 2016 due to the occurrence of an accident, such as overdue loans of the Defendant Company, etc. (i.e., the principal amount of KRW 270,00,000,000, and KRW 1,862,420).

3) Meanwhile, according to Article 8 of the Credit Guarantee Agreement, in the event that the Plaintiff fulfilled the guaranteed obligation, the Defendant Company agreed to reimburse the amount of performance of the guaranteed obligation, damages for delay as determined by the Plaintiff, and reasonable expenses required for the Plaintiff’s exercise of the right to compensate for the loss incurred by subrogation. 4) The Plaintiff’s interest rate for delay determined is 11% per annum (Article 30 of the Domestic Compensation Guidelines) from the date of repayment to the date of closing argument of the instant case. In order to preserve the right to indemnity acquired by subrogation, the Plaintiff spent KRW 1,74,50

[Ground of Recognition] Defendant Company: Defendant B: The absence of dispute under Article 150(3) and (1) of the Civil Procedure Act; each entry in Gap’s Evidence Nos. 1 through 8 (including each number, if any)

B. According to the above facts of determination, the defendants are the principal debtor or joint and several surety under the credit guarantee agreement of this case, and jointly and severally the plaintiff = 271,862,420 won of subrogated payment = 1,774.

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