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(영문) 서울중앙지방법원 2015.01.20 2014가합579457
구상금
Text

1. The Defendant’s KRW 182,445,40 among the Plaintiff and KRW 91,658,010 among the Plaintiff, shall be KRW 90,787,390 from September 24, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff and the Defendant entered into an export credit guarantee agreement (hereinafter “each of the instant agreements”) with each of the following terms: (a) the Defendant’s new bank (hereinafter “new bank”) and the National Bank (hereinafter “National Bank”) as follows:

C. C 43,200,000 from January 17, 2014 through January 16, 2015 to December 5, 2014, 3 national bank D 90,000,000,000,000 from December 6, 2013 to December 5, 2014.

B. The Plaintiff issued each export credit guarantee certificate to the new bank and the national bank in accordance with each of the instant agreements, and the Defendant was loaned from the new bank and the national bank as security each of the above guarantee.

C. However, the Defendant failed to pay each principal and interest of interest thereof on August 2014, and thus, the new bank and national bank notified the Plaintiff of the occurrence of an accident. Accordingly, the Plaintiff paid KRW 91,658,010 to the new bank on September 23, 2014 in subrogation of the Defendant, and KRW 90,787,390 to the National Bank on October 7, 2014, respectively.

No. 47,600,000 91,658,010 New Bank on September 23, 2014 on the guarantee limit (won) in the letter of guarantee by the National Bank on the date of subrogation (hereinafter referred to as the "National Bank") No. 390,000 on September 23, 2014, the New Bank C 43,200,000 3,003 on September 23, 2014, the National Bank D90,000,787,390 182,445,400

D. At the time of each of the instant agreements, the Defendant: (a) upon the Plaintiff’s performance of the guaranteed obligation, reimburses the Plaintiff for reasonable expenses incurred in exercising the Plaintiff’s exercise of the obligation to discharge the guaranteed obligation as a result of the performance of the guaranteed obligation and the performance of the guaranteed obligation; and (b) agreed to pay the amount by adding up the damages calculated by multiplying the number of days from the day following the due date determined by the Plaintiff to the date of repayment,

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