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(영문) 서울중앙지방법원 2016.01.15 2015가합534499
수출신용보증채무금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation that performs banking business, foreign exchange business, etc. under the Banking Act. The Defendant is a public corporation that is established under the Trade Insurance Act, and is engaged in trade insurance, export credit guarantee, and import credit guarantee of raw materials for export. 2) The Domunmundo Co., Ltd. (hereinafter “Domido”) is a corporation that is engaged in the export business of Nami, etc., and the Domundo, Inc. (TEXTIS ALS AS, hereinafter “Gato”) and the Rosisi Syna (ROZNNEWNNN, hereinafter “the Donado”), which is a corporation located in Colombia.

B. The Defendant entered into an export credit guarantee agreement (after shipment) around January 22, 2013, with respect to the supply transaction, such as Blusia exported to Gato Blusia with the Dosia around January 22, 2013. The Defendant took out a loan from the Plaintiff in the form of a telegraph transfer method (T/T, Tlelelec Trac Trac) within 180 days from the date of shipment to sell to the Plaintiff the bill of exchange or shipping documents of the export bond, which is the telegraph transfer method (T/T, Tlelec Trac Tra), and the Plaintiff was unable to receive the export payment from Dosto the Plaintiff by preventing the Plaintiff from receiving the export payment from Gato, thereby running the guarantee limit at US$ 200,000 and the export credit guarantee agreement (after shipment) agreement with the Dosdo to pay the export bond at the Dosia No. 15-1301-947, Mar. 16, 2013.

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