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(영문) 서울중앙지방법원 2016.05.13 2015가합572576
구상금
Text

1. The Defendants jointly and severally against the Plaintiff

A. Japan's currency 24,500,682N and its related thereto from May 20, 201 to May 20, 2015

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant Company A (hereinafter “Defendant A”) are joint and several liability 1 under an export credit guarantee (after loading), Defendant B and C’s joint and several liability 1).

between Defendant A and the National Bank, Inc. (hereinafter “National Bank”).

Jap Medix CO. LTPP. (hereinafter referred to as “Japan Medix”).

(1) After selling export bonds and borrowing money from a national bank, if the national bank fails to receive the export payment from the Japan Medix, the export credit guarantee contract (after shipment) providing that Defendant A shall guarantee to the national bank the obligation to repay the loan, the guarantee limit of which is 350,000,000 won (hereinafter “instant contract”).

(2) On April 2, 2010, the Plaintiff concluded an export credit guarantee certificate (after loading) with Defendant A. 2, 2010. The Defendant A agreed to pay to the Plaintiff the amount of debt repayment when the Plaintiff subrogated for the loan obligation at the time of the conclusion of the instant contract, (1) the amount of debt performance, (2) the reasonable cost required for the Plaintiff to exercise the right to compensate for the right acquired by the Plaintiff through the performance of the guaranteed obligation, and (3) the amount of the above to be paid at the overdue interest rate (11% per annum in the case of a small or medium enterprise) as determined by the Plaintiff from the day following

Defendant B and C jointly and severally guaranteed all obligations owed by Defendant A under the instant contract.

B. After the lending of the National Bank, the National Bank purchased the export bonds from Defendant A to Japan Medix several times on the basis of the instant contract, and extended the loans to Defendant A in Japanese currency.

C. The National Bank for the performance of the Plaintiff’s guaranteed obligation was unable to receive the export payment from Japan Medix by the due date, and notified the Plaintiff of the payment, and on May 19, 201, on May 19, 2011, filed a claim for payment of Japanese currency 24,664,51N (i.e., principal of the loan 24,50,682N interest 163,829).

The plaintiff is guaranteed by the guaranteed obligation on the same day.

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