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(영문) 서울중앙지방법원 2017.04.18 2016가단5007497
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 13, 2015, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which the Plaintiff guaranteed the Plaintiff’s obligation to the financial institution because it was unable to receive the export payment from the importer after receiving the loan from the financial institution by means of a bill of exchange or shipping documents purchase in connection with export transaction (hereinafter “instant credit guarantee agreement”). Defendant B guaranteed the Plaintiff’s obligation to the Plaintiff under the instant credit guarantee agreement.

B. Under the instant credit guarantee agreement, the Defendant Company had the Defendant Company subscribe to the export insurance managed by the Plaintiff for the export transaction related to the instant credit guarantee agreement, and accordingly, the Defendant Company entered into an export insurance agreement with the Plaintiff on the condition that the Plaintiff compensates for the losses incurred by the Defendant Company due to the impossibility of refund due to the nonperformance of payment by the other party to the export contract (hereinafter “instant export insurance agreement”).

C. On the other hand, on February 27, 2015, the Defendant Company entered into a contract (hereinafter “the export contract of this case”) under which the payment was 39,780 U.S. dollars, 50 days from the date of the shipment of the goods, payment bank as Han Bank Co., Ltd. (hereinafter “I Bank”) and export lubrication (hereinafter “the export contract of this case”). Under the credit guarantee agreement of this case and the export insurance contract of this case, the credit guarantee limit and the insurance underwriting limit were 39,780 U.S. dollars, and the importer was set as Bondi Lgists and loan handling institution.

Around March 31, 2015, Defendant Company exported the instant exported goods upon shipment.

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