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(영문) 서울중앙지방법원 2017.12.01 2017가합529040
구상금
Text

1. Defendants A and B, jointly and severally, jointly and severally, KRW 715,870,940 against the Plaintiff and the Plaintiff from March 1, 2017 to March 2017.

Reasons

1. Basic facts

A. The Plaintiff entered into an export credit guarantee agreement and the Plaintiff’s subrogation repayment 1) on May 2, 2016, Defendant A Co., Ltd. (hereinafter “A”).

In addition, the export credit guarantee agreement between Defendant A and the Plaintiff (hereinafter “instant credit guarantee agreement”) on the condition that the Plaintiff will guarantee the payment of the export transaction funds borrowed from Defendant A Nonghyup within the limit of the amount guaranteed (855,00,000 won) (hereinafter “the instant credit guarantee agreement”).

(2) On May 2, 2016, Defendant A entered into an export credit guarantee agreement and issued an export credit guarantee agreement to Defendant A. In addition, Defendant B entered into an agreement on May 2, 2016 on the joint and several guarantee of all obligations of Defendant A under the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement

(2) On October 18, 2016, Defendant A obtained a loan from the Nonghyup Bank to KRW 950,000,000 (hereinafter “instant loan”) on the security of a credit guarantee letter issued by the Plaintiff.

3) On January 15, 2017, Defendant A discontinued and lost the benefit of the time limit for the instant loan. On January 23, 2017, the Nonghyup Bank notified the Plaintiff of the occurrence of a credit guarantee event, and the Plaintiff paid KRW 85,00,000 to the Nonghyup Bank, as of February 28, 2017, the amount equivalent to 90% of the instant loan amounting to 90,000,000 under the credit guarantee agreement. According to the credit guarantee agreement of this case, Defendant A paid the amount calculated by adding the amount calculated by multiplying the overdue interest rate determined by the Plaintiff by the amount from the day following the said payment period to the day of repayment as determined by the Plaintiff.

B. Defendant B, Inc. (hereinafter “I Bank”), i.e., the establishment of a mortgage on real estate listed in the attached list

On July 8, 2016, the debtor is the defendant A and the maximum debt amount is KRW 200 million with respect to the real estate stated in the attached list.

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