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(영문) 서울중앙지방법원 2019.06.12 2018가합507429
구상금
Text

1. As to the Defendant A and B’s joint and several liability amounting to KRW 696,748,700 and KRW 397,595,460 among them, from November 28, 2017.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement and the occurrence of a guarantee accident

B) The following terms and conditions were each export credit guarantee agreement between Defendant A and Defendant A, the representative director of Defendant A, jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff with respect to the above agreement (hereinafter each of the above export credit guarantee agreements is referred to as “1 and 2 credit guarantee agreement,” and the combination thereof is referred to as “each of the instant credit guarantee agreements.”

(2) The term of credit guarantee agreement of this case was changed on June 29, 2018. The term of credit guarantee agreement of this case was changed on the date of the agreement. The term of credit guarantee agreement of this case was changed on June 29, 2018. The term of credit guarantee agreement of this case was 450,000,000 won on June 7, 2016.

3) Defendant A, based on the letter of guarantee under each of the credit guarantee agreements of this case, is the F Bank (hereinafter “F Bank”).

2) The term “H bank” means “H bank” (hereinafter “H bank”)

(2) Around August 29, 2017, a loan was granted from a bank, but the bank did not perform its obligation to pay interest from around August 29, 2017, and the F Bank notified the Plaintiff that the credit guarantee accident occurred on or around September 1, 2017. The Plaintiff notified on November 27, 2017, that the credit guarantee accident occurred to the Plaintiff. Accordingly, on December 28, 2017, the Plaintiff was KRW 296,05,520, an amount calculated by converting the amount of US dollars 275,302.76 to the H Bank into Korean won (US$ 275,302.76 x applicable exchange rate of KRW 1,075,20, and less than KRW 10.

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