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(영문) 서울중앙지방법원 2021.01.15 2019가합514721
구상금
Text

1. As to KRW 2,493,230,695 and its KRW 2,477,552,880 among the Plaintiff, Defendant A Co., Ltd., from May 15, 2018 to May 2019.

Reasons

1. Plaintiff’s claim against Defendant A corporation

A. On May 15, 2017, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a renewal of an existing export credit guarantee agreement, and entered into an export credit guarantee agreement with the guarantee period of KRW 1,215,00,000, and an export credit guarantee agreement with the guarantee period of KRW 1,620,00,000 on May 17, 2014 (hereinafter “credit guarantee agreement”) and the credit guarantee agreement with the guarantee period of KRW 1,620,00,000 on May 18, 2016 to May 17, 2018 (hereinafter “second credit guarantee agreement”).

E, the representative director of the defendant company, was jointly and severally guaranteed all debts owed to the plaintiff according to the credit guarantee agreement of the defendant company.

2) According to the credit guarantee agreement Nos. 1 and 2, where the Defendant Company failed to perform its principal obligation and the Plaintiff fulfilled its guarantee obligation, the Defendant Company is obligated to pay to the Plaintiff the amount repaid by the Plaintiff on behalf of the Plaintiff and the expenses incurred in the legal procedure for exercising the right to reimbursement of the subrogated obligation, and damages for delay in the agreement (11% per annum) from the day following the due date of the payment of the agreement

3) The Defendant Company received each credit guarantee issued by the Plaintiff as security from the F Bank as loans each of the F Bank KRW 1,450,000,000 (hereinafter “first loan”) and KRW 1,365,400,000 (hereinafter “second loan”) from August 14, 2017 to February 9, 2018.

4) As the Defendant Company lost the benefit due to the delinquency in payment of principal around February 26, 2018, the Plaintiff subrogated to the F Bank on May 14, 2018 the guarantee amount of KRW 1,215,00,000 under the Credit Guarantee Agreement and interest thereon KRW 17,681,120 as well as KRW 1,228,860,00 and interest thereon under the Credit Guarantee Agreement with respect to the first withdrawal from the F Bank on May 14, 2018.

5) The Plaintiff spent KRW 15,725,940 at the legal procedure cost for the preservation, etc. of claims following the repayment of the said subrogated amount.

On the other hand, the plaintiff recover part of 49,175 won and the final amount of loss resulting therefrom is KRW 1,050 (be less than KRW 10) as follows.

on the date of subrogation.

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