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(영문) 서울중앙지방법원 2011.11.03 2011가합66851
대여금 등
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 995,705,896 and Defendant A Co., Ltd. from May 12, 2011.

Reasons

1. Basic facts

A. The Plaintiff is a financial institution established for the purpose of facilitating self-reliance economic activities of small and medium enterprises and enhancing their economic status. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of producing and processing various steel products, and Defendant B is the representative director of the Defendant Co., Ltd.

B. On December 17, 2004, the Plaintiff entered into a foreign exchange transaction agreement between the Defendant Company and the Defendants (hereinafter “instant foreign exchange transaction agreement”) with the following content, which provides for the method of settlement of import payment in the course of import transaction between the Defendant Company and the Defendant Company.

Section 1 (Scope and Coverage) of this Arrangement shall apply to all current and future transactions as provided in the following subparagraphs:

1. Issuance of the Credit;

2. Delivery and settlement of bills of exchange;

3. Delivery and settlement of bills of exchange in the form of a guaranteed letter of credit;

4. Other transactions equivalent to those as referred to in the subparagraphs of the preceding subparagraph. (3), (4) The applicable exchange rate referred to in Article 4 (Omission) means the plaintiff on the date on which he actually receives or pays a written application, etc.

I shall be the corresponding exchange rate set forth above.

However, in the case of Article 10 (1) 6 and the proviso of Article 15, it may be the relevant exchange rate determined by the bank on the date of handling the accounts for outstanding amounts of the bank or the date of handling the accounts for foreign currency-guaranteed substitute payments.

Article 5 (Liability for Fees, Expenses and Damages) (1) A principal defendant company.

I shall bear the interest, discount fees, fees, damages for delay, damages, and other incidental expenses pursuant to the transaction referred to in Article 1, and the expenses incidental to the exercise of rights, preservation of rights, acquisition and disposal of security, and charges, freight, insurance premiums, and all other expenses and losses, unless additional expenses are incurred due to any cause attributable to the bank, and shall pay them immediately as requested by the bank, specifying the basis for

provided, however, that the principal.

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