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(영문) 서울중앙지방법원 2016.01.22 2015가합557584
구상금
Text

1.For the plaintiff: (a)

Defendant A andB shall jointly and severally cover KRW 1,689,83,753 and its 1,680,757,393.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an export credit guarantee agreement on September 6, 201 with the Defendant Company A (hereinafter “Defendant Company”) and the Defendant Company entered into a credit guarantee agreement on October 24, 201 with respect to the receipt of loans related to export transactions from an enterprise bank, as indicated in the following table:

Defendant B had all the obligation to be borne by the Defendant Company to the Plaintiff with the credit guarantee agreement set forth in Articles 1 and 2, and Defendant C jointly and severally guaranteed all the obligation to be borne by the Defendant Company to the Plaintiff due to the second credit guarantee agreement.

[The First Credit Guarantee Agreement] No. D (the Second Credit Guarantee Agreement) within 120 days after the purchase (OP 2,00,000 US dollars 2,00,000 ($) of export price bonds at the Happac Bank D's D (the Second Credit Guarantee Agreement) a guarantee number for the credit guarantee limit amount of the debtor's lending institution's credit guarantee institution 450,000,000 won at the 450,000,000 from the defendant company's Bank THE JONES GRUP INC INC's Bank; and

B. (1) A company bank purchased export bonds equivalent to USD 1,492,28 from the Defendant company as a security for the export credit guarantee certificate under the credit guarantee agreement, and paid the above purchase amount to the Defendant company. (2) A company bank secured an export credit guarantee certificate under the credit guarantee agreement under the credit guarantee agreement, and extended the existing loan repayment period of KRW 450 million to the Defendant company as of October 16, 2009.

C. (1) The Defendant Company lost the benefit of time due to the importer of the credit guarantee agreement under Article 1’s subrogation due to delay in the payment of the import price (as of September 13, 2012). The Plaintiff is equivalent to USD 1,492,28 and USD 10,938.36, in total, US$ 1,503,226.36 (in converted into original currency, US$ 1,680,757,393, and US$1,000.

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