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(영문) 서울중앙지방법원 2021.03.26 2020가합588605
구상금
Text

Defendant A and Defendant B jointly and severally against the Plaintiff KRW 864,577,270 as well as KRW 858,894,610 as well as KRW 858,894,610 as of July 20, 2020.

Reasons

[Judgment as to the claim against Defendant A and B]

1. The description of the reasons for the claim is as shown in Appendix 2;

2. Under Article 208(3)2, the main text of Article 150(3) and the main text of Article 150(1) [Judgment as to a claim against Defendant C] of the applicable Civil Procedure Act, when the Plaintiff receives a loan from Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Industrial Bank”) on May 2, 2019 from Korea Development Bank distribution branch (hereinafter “Industrial Bank”), the Plaintiff entered into an agreement on May 2, 2019 with a maximum of 868,050,000 won of the principal of the loan out of the credit guarantee subsidiary loans with the ceiling on the Plaintiff’s credit guarantee liability, and the maximum amount of the principal and interest of the credit guarantee installment loans owed by the Plaintiff, to guarantee the export of which from October 30, 2018 to December 25, 2012 (hereinafter “Agreement”).

According to the instant guarantee agreement, where the Plaintiff performed the guaranteed obligation to the Industrial Bank because the Defendant Company did not perform its obligation to the Industrial Bank, the Defendant Company paid the amount of the Plaintiff’s guaranteed obligation and the expenses incurred in the preservation, performance, and exercise of the rights acquired through the Plaintiff’s repayment of the guaranteed obligation and the expenses incurred in the performance of the guaranteed obligation, and the amount paid at the overdue interest rate determined by the Plaintiff from the day following the due date of payment to the date of repayment of the respective amount.

Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation of indemnity against the Plaintiff of the Defendant Company.

On the other hand, the Plaintiff paid the export credit guarantee under the instant guarantee agreement to the Defendant Company on May 7, 2019, set the Plaintiff’s guarantee ratio to 90% to guarantee the Plaintiff’s guarantee against the principal borrowed by the Defendant Company from the Industrial Bank.

Defendant Company on October 30, 2018

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