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(영문) 서울중앙지방법원 2015.11.19 2015가합532554
구상금 등
Text

1. As to KRW 460,291,90 and KRW 455,951,70 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 460,291,90 from January 13, 2015 to September 26, 2015.

Reasons

1. Facts of recognition;

A. On November 21, 2013, the Plaintiff entered into an export credit guarantee agreement with the Defendant on the part of the Defendant to obtain a trade financing loan from a new bank (hereinafter “new bank”) with the content that the Plaintiff would provide a credit guarantee by setting the credit guarantee limit of KRW 450 million and the guarantee period from December 3, 2013 to December 2, 2014. On November 28, 2013, the Plaintiff issued a credit guarantee agreement with the new bank with the aforementioned content.

B. According to Article 8 of the above guarantee contract, where the plaintiff fulfilled the guarantee obligation, the defendant shall pay to the plaintiff the amount of (1) the repayment of the guarantee obligation, (2) the reasonable amount required to exercise the right to preserve the right acquired by the plaintiff due to the performance of the guarantee obligation, and (3) the damages for delay calculated by multiplying the amount by the overdue interest rate set by the plaintiff as to the number

The overdue interest rate determined by the Plaintiff is 11% per annum.

C. The Defendant was loaned 500 million won from a new bank on December 3, 2013 as collateral of the said guarantee.

On November 13, 2014, when a guarantee accident under the above guarantee agreement occurred, the new bank notified the Plaintiff of the occurrence of the guarantee accident, and on December 9, 2014, requested the Plaintiff to pay the guaranteed obligation.

E. On January 12, 2015, the Plaintiff subrogated for KRW 455,951,700 to the new bank, and incurred KRW 4,340,200 in the course of taking measures to preserve the claim for indemnity based on the said subrogation.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, and 9, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant: (i) KRW 460,291,900 (=amounting to KRW 455,951,700 for subrogation and KRW 4,340,200 for the preservation of claims) and the amounting to KRW 455,951,70 for the Plaintiff from January 13, 2015, which is the day following the date of subrogation, until September 26, 2015, the agreed delay damages rateing to 11% per annum, which is the date of delivery of a copy of the instant complaint, and the following day until September 30, 2015.

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