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(영문) 서울중앙지방법원 2015.02.05 2014가합547061
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 109,873,00 and KRW 108,878,850, as to the Plaintiff’s KRW 108,878,850. From March 1, 2014 to November 12, 2014.

Reasons

1. Loan limit guarantee number 108,000,000 won from March 2, 2012 to March 1, 2013, 2013 for Defendant Company trade finance (raw materials) of Defendant Company:

A. On February 27, 2012, the Plaintiff entered into an export credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) with the Defendant Company A (hereinafter referred to as the “Defendant Company”) on the same day with respect to export transaction, and issued an export credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) under the terms, “108,000,000 won, guarantee period, and the export credit guarantee agreement from March 2, 2012 to March 1, 2013, in order to guarantee the obligation for loans granted from the Korea Bank (hereinafter referred to as the “Korea Bank”) on March 9, 2006 in relation to the export transaction, and the Defendant Company submitted the export credit guarantee agreement with the Korea Bank (the original branch) as follows:

B. At the time of the conclusion of the instant credit guarantee agreement, the Defendant Company agreed to pay to the Plaintiff reasonable expenses incurred in exercising the Plaintiff’s right to preserve and exercise the guaranteed obligation upon the Plaintiff’s performance of the guaranteed obligation and the performance of the guaranteed obligation. In the event of delay, the Defendant Company agreed to pay the said amount by adding up the damages calculated by multiplying the number of days from the day following the due date of payment determined by the Plaintiff by the overdue interest rate (11%) set by the Plaintiff for the number of days from the day of repayment to the date of repayment. Defendant B guaranteed

C. As the Defendant Company delayed to pay the principal of the loan on January 18, 2014, the occurrence of a guarantee accident stipulated in the instant credit guarantee agreement, which led to the Plaintiff’s claim for the performance of the guaranteed obligation.

On February 28, 2014, the Plaintiff paid 108,878,850 won (i.e., the principal amount of KRW 107,920,000) to the Bank as the guaranteed debt (i.e., the principal amount of KRW 107,920,850), and the Defendant.

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