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(영문) 서울중앙지방법원 2019.04.17 2018가단5132083
구상금
Text

1. As to KRW 128,280,120 among the Plaintiff and KRW 127,404,480 among the Plaintiff, Defendant A and B, jointly and severally, respectively, shall be from April 27, 2018 to August 2018.

Reasons

Basic Facts

On March 8, 2017, KRW 53,600,000 for the guarantee period of the maximum amount of credit guarantee as of the date of concluding an order of credit guarantee, from March 14, 2014 to March 13, 2018, KRW 72,000,000 on March 15, 2017 to March 14, 2018, the Plaintiff entered into an export credit guarantee agreement with the Defendant A with respect to the loans to be borne by the Defendant D Bank as shown in the following table, and issued each letter of credit guarantee.

(hereinafter) The export credit guarantee contract indicated in the table No. 1 (hereinafter referred to as “instant first credit guarantee contract,” and No. 2 (hereinafter referred to as “instant second credit guarantee contract,” and all of them together referred to as “each of the instant credit guarantee contracts”). Defendant B guaranteed the obligation owed by Defendant A to the Plaintiff according to each of the instant credit guarantee contracts.

Defendant A received from D Bank a loan of KRW 67,00,000 as collateral a credit guarantee certificate issued in accordance with the credit guarantee contract of this case, and KRW 90,000,000 as collateral a credit guarantee certificate issued in accordance with the credit guarantee contract of this case.

Due to the delinquency in paying the principal and interest of Defendant A, there was an accident of guarantee, and the Plaintiff paid the Bank the total amount of KRW 127,404,480 under each credit guarantee contract of this case as indicated below.

The amount of security deposit for the date of the occurrence of a credit guarantee accident, as of December 23, 2017, as of April 26, 2018, KRW 73,024,720, and KRW 127,404, and KRW 480, in each credit guarantee agreement in this case, the sum of KRW 73,024,720 on April 26, 2018, and KRW 127,404, and KRW 480 on April 26, 2018, when the Plaintiff fulfilled the credit guarantee obligation under each credit guarantee agreement in this case, the Defendant A shall pay the amount of the guaranteed obligation in addition to the interest rate determined by the Plaintiff from the date following the date of performance, and the Plaintiff shall reimburse the expenses incurred in compensating

The interest rate determined by the Plaintiff pursuant to the above provision is 10% per annum, and the Plaintiff spent 875,640 won per annum in order to preserve the claim for reimbursement against Defendant A.

On the other hand, Defendant C.

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