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(영문) 서울중앙지방법원 2018.02.02 2017가합549365
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 268,048,620 and KRW 266,102,390 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an export credit guarantee agreement on July 20, 2016, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) The National Bank Co., Ltd. (hereinafter “National Bank”) and Defendant A

(3) The term “instant credit guarantee agreement” refers to an export credit guarantee agreement with the content that guarantees the repayment of principal and interest of loans to be extended from the bank (hereinafter “instant credit guarantee agreement”).

On July 21, 2016, the terms and conditions of the instant credit guarantee agreement were modified as follows. At the time of the instant credit guarantee agreement, Defendant B guaranteed the Plaintiff the entire obligation to be borne by Defendant A due to the instant credit guarantee agreement. At the time of the instant credit guarantee agreement, Defendant B guaranteed the Plaintiff by means of the credit guarantee agreement.

3) According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A agreed to reimburse the Plaintiff for reasonable expenses incurred in preserving, implementing, and exercising the Plaintiff’s right due to the performance of the guaranteed obligation and the performance of the guaranteed obligation in accordance with the method determined by the Plaintiff, but, if delayed, to pay the said amount by adding the damages calculated by multiplying the said amount by the overdue interest rate as determined by the Plaintiff regarding the number of days from the day after the date of payment determined by the Plaintiff until the date of repayment. The interest rate determined by the Plaintiff is 10% per annum from June 28, 2017. (B) Defendant A delayed the payment of the principal and interest of a national bank from March 31, 2017 to the date of payment. Accordingly, Defendant A filed a claim for subrogation on June 15, 2017 by notifying the Plaintiff of an export credit guarantee accident on April 3, 2017.

2) On June 27, 2017, the Plaintiff repaid 266,102,390 won to a national bank based on the credit guarantee agreement of the instant case, and paid 1,946,230 won (1,025,830 won) in total for the preservation of claims, such as the provisional disposition prohibiting the disposal of collateral security, etc.

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