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(영문) 부산지방법원 동부지원 2018.01.12 2017가합102593
양수금
Text

1. Defendant A Co., Ltd. amounting to KRW 296,876,906 and among them:

A. From May 16, 2002 to 73 won, 42,232,073 won

Reasons

1. Facts of recognition;

A. (1) As to the claims acquired from the Credit Guarantee Fund, the Credit Guarantee Fund shall be the Defendant A Co., Ltd. (hereinafter “Defendant A”) on January 9, 2001 and September 24, 2001.

In contrast to the above, the Defendant Company entered into a credit guarantee agreement with each of the guaranteed amount of KRW 18,00,000,24,000,000 for the principal and interest of the corporate driving general fund to be loaned from Korea Light Bank. On January 9, 2001 and September 28, 2001, the Defendant Company paid KRW 20,000 and KRW 30,000,000 for each of the above credit guarantee agreements with each of the above credit guarantee agreements as security. E is jointly and severally guaranteed for the indemnity obligations owed to the Korea Credit Guarantee Fund. 2) The Defendant Company lost the interest due to the principal delay on January 31, 202 and repaid the guaranteed amount of KRW 18,00 on behalf of the Defendant Company.

3) On April 18, 2007, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant Company and E for the claim for reimbursement on the subrogation (Seoul Central District Court 2007Da131522). On September 12, 2007, the above court rendered a judgment that "the Defendant jointly and severally held to the Plaintiff 42,316,006 won and 42,232,073 won among them, shall be 18% per annum from May 16, 2002 to May 31, 2005; 15% per annum from the following day to August 11, 2007; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on September 28, 2007, the Korea Export Insurance Corporation (hereinafter "Korea Export Insurance Corporation").

(1) On September 27, 2001, the non-party Corporation entered into an export credit guarantee agreement between the Defendant Company and the Defendant Company with the limit of the credit guarantee with respect to the loans that the Defendant Company would receive from Korea Light Bank as KRW 250,000,000, which guarantees the fulfillment of principal and interest obligations.

Under the above credit guarantee agreement, the defendant company.

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