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(영문) 서울중앙지방법원 2019.10.18 2018가합582826
구상금
Text

1. As to KRW 234,912,569 and KRW 233,239,070 among the Plaintiff, Defendant A shall be from February 3, 2018 to November 29, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and a loan agreement on June 12, 2017 (hereinafter “D”).

B) Between D and D, with respect to a loan of trade finance from E, an export credit guarantee agreement between June 16, 2016 to June 15, 2018 (hereinafter “instant credit guarantee agreement”) setting a guarantee period of KRW 230,850,00, maximum guarantee amount of KRW 300,105,000, the maximum guarantee amount of KRW 300,100,000.

(2) The terms of the credit guarantee agreement of this case are as follows: (a) Defendant A, the representative director of D, jointly and severally guaranteed the obligation to be borne by D pursuant to the credit guarantee agreement of this case. (b) In the event that the Plaintiff performs the guaranteed obligation, the terms of the credit guarantee agreement of this case are as follows: (a) the Plaintiff and Defendant A pay the Plaintiff the amount of the guaranteed obligation and the damages for delay calculated by multiplying the repayment rate

On the other hand, the plaintiff set the overdue interest rate for small and medium enterprises such as D as 10% per annum.

3) D on July 24, 2017, as security, a loan of KRW 256,50,000 from E with an export credit guarantee certificate issued pursuant to the instant credit guarantee agreement (hereinafter “instant loan”).

(B) B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) caused a credit guarantee accident as stipulated in the credit guarantee agreement of this case by filing an application for commencement of rehabilitation procedures with the Busan District Court 2017 Ma1034 on December 4, 2017. On February 2, 2018, the Plaintiff acquired D and Defendant A’s indemnity claim (hereinafter “instant indemnity claim”) by subrogation of KRW 233,239,076, total amount of KRW 233,239,070, among the instant loans, pursuant to the credit guarantee agreement of this case on February 2, 2018.

2) The Plaintiff spent KRW 917,970 and KRW 777,700 as the expense to preserve the instant claim for reimbursement, and recovered KRW 22,171 among them. C. Defendant A’s establishment of the right to collateral security (1) was Defendant A Company B or lower.

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