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(영문) 서울중앙지방법원 2021.03.25 2020가단5020176
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A Co., Ltd.’s KRW 91,684,926 and KRW 90,292,260 among them, from June 22, 2019 to February 10, 2020.

Reasons

1. Facts of recognition;

A. On May 11, 2018, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the Plaintiff entered into an export credit guarantee agreement with the Defendant Co., Ltd. (hereinafter “instant credit guarantee agreement”) on the amount of KRW 90,000,000, the maximum amount of the credit guarantee, the maximum amount of the debt guarantee, the maximum amount of KRW 117,000,000, and the amount of the credit guarantee as of May 20, 2019 (hereinafter “the instant credit guarantee agreement”). Accordingly, the Plaintiff issued the export credit guarantee agreement to the Defendant Co., Ltd. on May 21, 2018.

B. After the occurrence of an export credit guarantee accident, the Defendant Company was loaned KRW 100,000,000 as a trade financing loan, set as of May 21, 2019, which was due from C on the basis of the export credit guarantee certificate.

2) On May 22, 2019, Defendant Company caused an accident of credit guarantee in the letter of credit guarantee for export credit, which would lose the benefit of time limit due to the delinquency in payment of the above loans to C.

3) On June 21, 2019, the Plaintiff paid KRW 90,292,260 to C the loan principal obligation owed by the Defendant Company in accordance with the above credit guarantee letter.

(c)

(1) According to the credit guarantee agreement of this case, according to the credit guarantee agreement of this case, the Defendant Company is obligated to reimburse the Plaintiff for the expenses incurred in relation to the preservation, implementation, and exercise of the Plaintiff’s rights. The remainder of the expenses incurred in preserving the Plaintiff’s claims is KRW 1,392,666.

2) According to the instant credit guarantee agreement, the annual interest rate of the Plaintiff’s claim for indemnity is 10% per annum.

(d)

(1) On April 25, 2019, the Defendant Company concluded a mortgage agreement between the Defendants and Defendant B on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with regard to the maximum amount of claims KRW 100,000,000, and the mortgage agreement between the Defendant B (hereinafter “mortgage agreement”).

2) Accordingly, in respect of each of the instant real estates, the District Court is Goyang Branch.

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