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(영문) 서울중앙지방법원 2016.03.09 2015가합558860
구상금
Text

1. The plaintiff's lawsuit against the defendant A is dismissed.

2. Defendant B’s KRW 371,586,200 and 370 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 29, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 860,000,000 from the Industrial Bank of Korea as a trade bill loan.

B. On March 17, 2014, Defendant Company entered into an export credit guarantee agreement between the Plaintiff with respect to the above loan obligations, with a credit guarantee limit of KRW 364,50,000,00, and with a guarantee period of March 17, 2014 from March 17, 2014 to March 16, 2015, and Defendant B bears the Plaintiff according to the above export credit guarantee agreement.

Joint and several liability for indemnity stated in the paragraph was established.

C. According to the above credit guarantee agreement, where the Plaintiff fulfills the guaranteed obligation to the Industrial Bank of Korea, the Defendant Company redeems reasonable expenses incurred in preserving the Plaintiff’s rights through the performance of the guaranteed obligation and the performance of the guaranteed obligation, and where the Defendant Company and the guarantor fail to repay the amount, it is deemed that the Plaintiff pays damages for the number of days from the day after the date of payment determined by the Plaintiff to the date of repayment. The overdue interest rate determined by the Plaintiff is 11% per annum

On April 2015, the defendant company's application for corporate rehabilitation was defective, and on April 8, 2015, the Industrial Bank of Korea notified the plaintiff that the guarantee accident occurred.

On June 19, 2015, the Plaintiff subrogated 370,217,100 won out of the principal and interest of loans to the Bank of Korea of Nonparty.

E. The plaintiff D.

In order to preserve the claim for indemnity after the subrogation stated in the subsection, the Seoul Central District Court 2015Kadan80547 rendered a provisional seizure of real estate by the Seoul Central District Court 2015Kadan80547 and disbursed KRW 1,369,100 on June 23, 2015 at its expense.

F. Meanwhile, on August 28, 2015, prior to the filing of the instant lawsuit, the Defendant Company was declared bankrupt on August 28, 2015 by Seoul Central District Court 2015Hahap107.

[Reasons for Recognition] Defendant Company: Each entry, pleading, and evidence Nos. 1 through 7, and 9.

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