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(영문) 서울중앙지방법원 2017.09.01 2017가합523530
구상금
Text

1. The Defendant’s annual interest in KRW 843,228,82 and KRW 837,872,191 among the Plaintiff, from April 2, 2017 to September 1, 2017.

Reasons

1. Basic facts

A. Conclusion of a credit guarantee agreement and joint and several sureties 1) The Plaintiff Company B (hereinafter “B”).

In addition, on July 12, 2013, the guarantee limit of KRW 810,00,000 and the term of guarantee set by July 10, 2016, the Plaintiff’s new bank (hereinafter “new bank”) Co., Ltd. (hereinafter “new bank”) established by the Plaintiff as of July 10, 2016.

) An export credit guarantee agreement was concluded to guarantee a trade financing loan obligation (hereinafter “instant 1 credit guarantee”).

(2) On July 7, 2015, the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant credit guarantee No. 1 to the Plaintiff. (2) On December 24, 2013, the Plaintiff concluded an export credit guarantee agreement to guarantee the Plaintiff’s trade financial loans to the Korea Exchange Bank (hereinafter “I Bank”), Korea Exchange Bank (hereinafter “I Bank”) (hereinafter “I Bank”) (hereinafter “the instant credit guarantee agreement”), and the Defendant jointly and severally guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement with the Plaintiff on December 15, 2015, by setting the guarantee limit as 1,00,000,000, and the guarantee limit as until December 22, 2016.

B. A loan to B and the Plaintiff’s subrogation for the loan 1) B were granted a loan of KRW 900,000 from the new bank as security for the export credit guarantee certificate under the first credit guarantee agreement of this case (hereinafter “the first loan of this case”).

(3) The Plaintiff was granted a loan of KRW 1,00,000,000 from one bank as security for an export credit guarantee agreement under Article 2 of the instant credit guarantee agreement (hereinafter “instant loan”).

(2) Upon commencement of rehabilitation procedures for B on April 14, 2016 and occurrence of a credit guarantee accident, the new bank and Hana Bank requested the Plaintiff to discharge the guaranteed obligation under each credit guarantee agreement of this case. On May 4, 2016, the Plaintiff filed a request with the new bank for the performance of the guaranteed obligation under each credit guarantee agreement of this case. The Plaintiff’s principal of KRW 814,533,160, out of the principal and interest of the instant loan of this case, 810.

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