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1. The Defendant: (a) regarding Japanese currency 18,080,958 and 18,000,000 among the Plaintiff, from March 29, 2019 to July 2019.
Reasons
1. Facts of recognition;
A. From January 4, 2017, the Defendant’s guarantee period from January 5, 2017 to January 4, 2018, the Defendant omitted the indication of the credit guarantee limit in Japan’s currency 103,500,000 United Nations (hereinafter “Japan’s currency”).
(1) The Defendant Company A (hereinafter referred to as “A”) shall separately determine the method of guarantee.
3) The Plaintiff issued an export credit guarantee certificate with the content that guarantees the obligation of the export growth fund loans to the Plaintiff (hereinafter “instant credit guarantee”).
(2) After January 4, 2018, the Defendant extended the guarantee period of the instant credit guarantee to the Plaintiff on January 4, 2019, and maintained the maximum amount of credit guarantee at 103,50,000N, and issued an export credit guarantee notice to change the terms and conditions of the export credit guarantee to the effect that the maximum amount of guarantee obligations is 134,550,000 UN.
3) The special terms and conditions of the foregoing notice of change stipulate that “The limit of loan on guarantee form under this guarantee form is 115,00,000,000, the Defendant and the Plaintiff’s share of responsibility for the loan amount is 90:10,000, and Article 6 subparag. 2 of the Export Credit Guarantee Clause for Import Credit Guarantee for Raw Materials for Export applied to the credit guarantee of this case stated that “the Defendant shall not be liable for the full or partial performance of the guaranteed obligation if the credit guarantee loan without the Defendant’s consent was appropriated for the repayment of the existing credit in addition to the loan on credit guarantee form.” (B) On January 3, 2017, the Plaintiff entered into a loan transaction agreement with A for export growth fund loans, individual transaction classification, loan amount is 115,00,000,000, and loan period is 115,000,000,000, and the Defendant’s credit guarantee certificate issued by the Defendant on January 5, 2017.
(hereinafter “instant guaranteed loan”). 2 After 2, the Plaintiff and A entered into an additional agreement on January 4, 2018, extending the expiration date of the instant guaranteed loan to July 4, 2018, and July 2018.