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(영문) 서울중앙지방법원 2016.11.16 2016가단5013652
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,940,930 as well as KRW 22,497,159 as annual interest rate of KRW 15% from March 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. In around 2005, the Plaintiff entered into a credit management with the Plaintiff’s Intervenor (Seoul Bank Co., Ltd., Ltd.) (hereinafter “MCR”) on the following terms:

) The Convention on Operation (hereinafter referred to as the “Convention”) was concluded.

Article 1 (Principles of the Convention) The term “bank” (hereinafter the same shall apply) means a bank (hereinafter referred to as “debtor”) shall subscribe to the MOC of “Guarantee Insurance” (referring to the plaintiff; hereinafter the same shall apply) in order to secure obligations under a loan transaction agreement on the terms and conditions of collateral security (hereinafter referred to as “principal contract”) in conformity with the terms and conditions set forth in this Convention, and shall be liable for damages suffered by a bank (creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed by a person who has received a loan under

Article 2 (Scope of Compensation for Damages) Surety Insurance shall compensate for damages sustained by a bank due to the debtor's failure to perform its obligations provided for in the principal contract, as provided for in Articles 20 through 24 of this Convention.

Article 3 (Scope of Contracts Subject to Insurance Coverage) The master contracts entitled to be subscribed to MF in accordance with this Convention shall be as follows:

(1) Types of prime contracts: Article 5 of the Loan and Transaction Agreement on Terms and Conditions of Establishment of Mortgage on Real Estate handled by the Bank pursuant to the provisions of the Bank (Documents Necessary for Purchase of Insurance Policies) (1) A bank shall, in order to subscribe for

1. The principal contract;

2. Article 6 (Procedures for Taking out Insurance and Conclusion of Insurance Contracts) (1) Where a bank intends to effect an insurance to the debtor, the bank shall confirm the relevant requirements for taking out insurance as provided for in Articles 3 and 4, and documents provided for in Article 5;

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