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(영문) 서울고등법원 2018.05.10 2017나2046180
보증금반환
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Sung Dong-dong Marine Co., Ltd. (hereinafter “Sari-dong Co., Ltd.”)

A) The Plaintiff is a company engaged in shipbuilding business, etc. (2) The Plaintiff, a company engaged in banking business, etc. as provided by the Banking Act, extended a loan to Nonparty Company for purchasing raw materials necessary for vessel manufacturing.

3) On July 6, 2010, the Korea Export Insurance Corporation changed its name from the current name to the name as of July 6, 2010. The public corporation established under the Trade Insurance Act to support trade financing for exporters, etc. with insufficient collateral security, issued an export credit guarantee certificate to the Plaintiff and guaranteed the Plaintiff’s obligation of loans that the non-party company owes to the Plaintiff by issuing the export credit guarantee certificate. (b) The Plaintiff, etc. and the Korea Exchange Bank (hereinafter “foreign Exchange Bank”) and the Industrial Bank of Korea (hereinafter “Corporate Bank, etc.”) (hereinafter “Plaintiff, etc.”) concluded a loan agreement to support the construction of ships including S-1037, 19, which the non-party company received by the non-party company as of January 21, 2009, and the Plaintiff concluded an additional loan agreement with the non-party company No. 2 (hereinafter “this case’s loan agreement”) on December 19, 2008 (hereinafter “the additional loan agreement”).

On the same day, the term "loan and Account Management Agreements" (hereinafter referred to as "Loan and Account Management Agreements") is to open and manage the India Revenue Management Account and Repayment Account in order to appropriately manage the money received from the vessel as the source of repayment of loan obligations.

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