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(영문) 서울중앙지방법원 2014.12.23 2013가합525781
구상금
Text

1. As to Defendant A, B, and C’s joint and several costs of KRW 213,63,890 and KRW 78,623,050 among them, Defendant A, B, and C’s joint and several costs of KRW 213,63,890.

Reasons

1. Basic facts

A. 1) The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) enter into an export credit guarantee agreement

(1) On March 9, 2012, the credit guarantee limit is KRW 76.5 million, loans-handling institution bank, corporate bank, guarantee period is from March 10, 2012 to March 8, 2013 (hereinafter “instant First Agreement”).

(2) A credit guarantee limit of KRW 129.6 million, foreign exchange banks with loan dealing agencies, guarantee period from March 21, 2012 to March 20, 2013 (hereinafter “instant Second Arrangement”).

(2) According to the first and second agreements of this case, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company is obligated to pay to the Plaintiff the amount of the guaranteed obligation and the amount of the delayed payment calculated by the overdue interest rate (11%) as determined by the Plaintiff.

B. The Plaintiff’s subrogation 1) The Defendant Company received a loan from a corporate bank and a foreign exchange bank as collateral for the export credit guarantee certificate issued by the Plaintiff pursuant to the instant arrangement 1 and 2. The Defendant Company delayed the principal of loans to corporate banks on December 11, 2012, and delayed the interest on loans to corporate banks on January 18, 2013, and each credit guarantee accident occurred on March 15, 2013. (2) The Plaintiff paid KRW 132,619,170 to the foreign exchange bank on March 15, 2013 pursuant to the instant arrangement 2, pursuant to the instant agreement, the Plaintiff paid KRW 78,623,050 to the corporate bank on May 3, 2013.

C. (1) Defendant B’s disposal, etc. of each of the instant real estate (hereinafter “each of the instant real estate”) indicated in the separate sheet on June 22, 2012 (hereinafter “each of the instant real estate”).

(2) As to the instant sales contract on June 14, 2012 (hereinafter “instant sales contract”).

(B) On June 22, 2012, the mortgagee of the right to collateral security on June 22, 2012.

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