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(영문) 서울중앙지방법원 2016.09.30 2016가합507593
구상금
Text

1. Defendant A Co., Ltd, and B, jointly and severally with the Plaintiff KRW 292,70,704,890, out of the total amount of KRW 293,851,030 and its total amount of KRW 292,704,890.

Reasons

1. Facts of recognition;

A. On July 26, 2013, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded an export credit guarantee agreement and a joint and several surety agreement between the Plaintiff and the Plaintiff. On July 22, 2015, the Plaintiff concluded an export credit guarantee agreement with the Defendant on July 26, 2013, and on July 22, 2015, the Defendant Company extended the guarantee period of the above export credit guarantee agreement and issued an export credit guarantee agreement between July 27, 2015 and July 24, 2016, based on the guarantee agreement, with respect to the principal and interest of loan to be loaned from the Industrial Bank of Korea. In addition, the Defendant B concluded an export credit guarantee agreement between the Plaintiff and the Defendant Company regarding the above export credit guarantee agreement, and the Plaintiff fulfilled the guaranteed obligation by the date following the date of repayment of the guaranteed obligation by the Plaintiff’s reasonable repayment of the guaranteed obligation to the amount of delayed payment determined by the Plaintiff.

3) On October 31, 2015, the following day after the date when the Plaintiff subrogated as follows, the interest rate under Article 30 of the Guidelines for Domestic Compensation by the Plaintiff is 11% per annum. 4) On October 30, 2015, the Defendant Company borrowed a loan of KRW 324 million from the above bank as security (hereinafter “instant loan”).

B. (1) The Defendant Company lost its interest on the instant loan on December 1, 2015. (2) The Corporate Bank lost its interest on January 13, 2016, among the instant loan to the Plaintiff, on the part of the Defendant Company’s claim against the Defendant Company.

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