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(영문) 제주지방법원 2017.03.27 2016가단15043
외상거래대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 192,238,867 and the amount of KRW 108,675,701 among them, from October 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On July 15, 2009, the Plaintiff designated B as an intermediate wholesaler for fishery products, such as fish, etc. produced by the Plaintiff between B and B (hereinafter “B”), and B shall, in principle, immediately pay the successful goods, but the payment may be postponed for a period not exceeding 15 days. An intermediary wholesaler transaction agreement (hereinafter “the instant transaction agreement”) with the purport that the Plaintiff would make the payment in addition to the compensation for delay applying the interest rate set by the Plaintiff upon the expiration of the grace period. On the same day, the Defendant jointly and severally guaranteed the obligation for the transaction price of fishery products B under the instant joint and several guarantee agreement (hereinafter “the instant joint and several guarantee agreement”). The main contents of the instant transaction agreement are as follows.

Type of security: Limit of contract deposit (deposit) 200 million won: 200 million won guarantee limit by the guarantor (limited to the limited amount): 200 million won D: Article 3 (Security and Guarantee) 200 million won. (1) B shall, in the transaction with the plaintiff, provide security recognized by the plaintiff (including security deposit; hereinafter the same shall apply) and trade on credit within the limit of the security value in principle.

However, where it is inevitable to credit in excess of the limit (basic limit) of the value of securities, B shall establish two joint and several sureties, the security or assets recognized by the plaintiff and credit of which are reliable.

(2) When a plaintiff joins a joint and several sureties under paragraph (1), he/she shall explain matters concerning the articles covered by B, the limit of the amount of joint and several sureties, etc. to the joint and several sureties, and shall notify in writing the joint and several sureties

Article 4 (Joint and Several sureties) A joint and several sureties has occurred or may occur in transactions exceeding the actual value of collateral offered by an intermediary wholesaler (referred to the actual value of collateral acquired after the disposal of collateral) within the limit of guarantee stipulated in this Agreement, or in future.

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