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(영문) 서울중앙지방법원 2016.09.08 2015가합550743
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 218,826,280 as well as the payment thereof from June 26, 2015 to September 6, 2015.

Reasons

. The Plaintiff and the Defendants concluded an export credit guarantee agreement with the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”).

) On September 12, 2014, Defendant A is deemed to be the importer of the instant case in Colombia (hereinafter referred to as “instant importer”).

(2) The export contract for the part of the package (hereinafter referred to as “instant export contract”) entered into with the Corporation.

(2) The Plaintiff’s obligation to repay a loan to an enterprise bank in connection with the agreement on export credit guarantee (hereinafter “instant guarantee agreement”) provides that the Plaintiff shall guarantee the obligation to repay the loan to the enterprise bank within the limit of US$ 195,000.

In accordance with the guarantee agreement of this case, Defendant B concluded a guarantee agreement of this case and jointly and severally guaranteed the performance of all obligations to be borne by Defendant A. The main contents of the guarantee agreement of this case are as follows. The credit guarantee limit of this case is US$ 195,000: Short-term export insurance coverage limit of 195,00: the importer of this case: semi-monthly branch importer of a company bank: the importer of this case: the importer of this case * the “credit guarantee limit” means the maximum amount of the guarantee obligation guaranteed by the Plaintiff for the repayment obligations to be borne by the exporter due to the failure of the importer to receive the export payment from the importer. In principle, the “insurance acceptance limit” is identical to the credit guarantee limit of the linked insurance purchased under Article 5 (joint export insurance obligation of the Plaintiff upon request by the Plaintiff).

(2) Even if an export insurance is covered in connection with the export credit guarantee pursuant to paragraph (1), it shall follow the methods of dealing with the connected export insurance determined by the plaintiff, such as the plaintiff's failure to issue securities of the export insurance separately.

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