logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.02.16 2015가단5303273
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 55,91,059 won and the period from March 27, 2015 to October 30, 2015.

Reasons

1. Determination as to the cause of claim

A. (1) On December 26, 2013, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee limit (referring to the maximum limit of the guaranteed debt guaranteed by the Corporation for repayment obligations owed by the exporter due to the exporter’s failure to receive the export payment from the importer by purchasing bills of exchange or shipping documents related to export transaction with the importer, and then the Plaintiff entered into an export credit guarantee agreement with the lender (hereinafter “export credit guarantee agreement of this case”) with the loan-handling institution’s overseas exchange bank (hereinafter “foreign exchange bank”), Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”), with the importer C in accordance with the agreement of this case, with the export credit guarantee agreement of which the export credit guarantee agreement of this case was entered into (hereinafter “export credit guarantee agreement of this case”).

2) In accordance with the export credit guarantee certificate issued by the Plaintiff, the foreign exchange bank issued a loan to the Defendant Company (hereinafter “instant loan”).

(2) At the time of the instant agreement, Defendant B jointly and severally guaranteed all obligations, such as the amount of indemnity owed by the Defendant, the principal debtor, at the time of the instant agreement. (2) Defendant Company was unable to repay the principal and interest of the instant loan due to delinquency, etc. and forfeited the benefit of the instant loan obligation due to the instant default, etc., the foreign exchange bank notified the Plaintiff of the occurrence of the instant export credit guarantee accident, and requested for the performance of the guaranteed obligation. Accordingly, on March 26, 2015, the Plaintiff paid KRW 5,91,059 by subrogation to the foreign currency bank at KRW 50,76.33, the principal and interest of the instant loan to the foreign currency bank as of March 26, 2015.

arrow