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(영문) 서울고등법원 2014.09.25 2014나2000169
보증채무금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

(2) In the form of sale of export bills or shipping documents, the Plaintiff was unable to receive the export payment from cqueulco, thereby entering into an export credit guarantee agreement (after loading) with the guarantee limit of KRW 1 million to guarantee the payment of redemption obligations that the Netnet itself owes to the Plaintiff, and then issued the export credit guarantee certificate to the Netnet.

2) Around May 13, 2011, the defendant changed the guarantee limit of the above export credit guarantee agreement (after shipment) to US$2,00,000, and changed the terms and conditions of the export credit guarantee agreement (after shipment) (hereinafter referred to as the "export credit guarantee agreement"): USD 1509076967: the insurance contractor under the export credit guarantee agreement of US$ 150907: US$2,000: the other party to the contract for export of US$ 60,000: the export guarantee method after shipment: T/T 60 days: the export guarantee method after shipment ** 001 cases ** the changed terms and conditions of the credit guarantee limit: the change of the currency and amount of US$1,000,000,000 ** the special agreement * this guarantee is operated * the first one after the date of shipment under this letter of guarantee, and the following conditions are satisfied.

Export Contracts and Shipping Documents ( Original or Copy)

B. Designation of the deposit account of the export price as a management account - Article 11 (Prohibition of Implementation of Credit Guarantee Lending) 1 of the Terms and Conditions shall not apply. - A loan transaction, the guarantee relationship of which has been established under a guarantee certificate issued (Guarantee No. 15-0907-6967-000) is constituted under this letter, and the guarantee certificate issued by this letter will lose its effect. The export credit guarantee agreement of this case is “the export credit guarantee agreement of this case”

(3) After concluding a re-issuance of the export credit guarantee certificate (hereinafter referred to as “instant export credit guarantee certificate”) with the following content in advance:

(3) The instant case was issued.

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