logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.20 2015가단5293369
구상금
Text

1. As to KRW 143,829,260 and KRW 143,223,520 among the Plaintiff, Defendant A’s year from June 16, 2015 to September 10, 2015.

Reasons

1. Basic facts

A. On March 3, 2015, the Plaintiff entered into an export credit guarantee agreement and a joint and several sureties (1) of the instant credit guarantee agreement and issued an export credit guarantee agreement with the non-party bank with the same content as the instant credit guarantee agreement on April 14, 2014 as the instant credit guarantee agreement, in accordance with the Trade Insurance Act, with respect to the obligation to lend funds necessary for export transactions from the Korea Development Bank (hereinafter “Non-party Company B (hereinafter “Non-Party”) from the Korea Development Bank (hereinafter “Non-Party Bank”).

As the representative of the non-party company A, Defendant A guaranteed all debts owed to the Plaintiff by the non-party company in accordance with the instant credit guarantee agreement.

(2) According to the instant credit guarantee agreement, when the non-party company files an application for rehabilitation procedure, bankruptcy procedure, commencement of individual rehabilitation procedure, etc. under the Debtor Rehabilitation and Bankruptcy Act, the non-party company and the joint guarantor bear the obligation of advance repayment for the amount guaranteed by the plaintiff.

In addition, when the plaintiff performed the guaranteed obligation, the non-party company and the joint guarantor immediately paid to the plaintiff the amount of the guaranteed obligation and reasonable expenses incurred in preserving, performing, and exercising the rights acquired by the plaintiff as a result of the performance of the guaranteed obligation, and pay damages for delay calculated by adding up 11% per annum from the

(3) Nonparty Company was granted a loan of KRW 175,00,000 to Nonparty Bank as security a credit guarantee certificate issued by the Plaintiff based on the instant credit guarantee agreement.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) Nonparty Company filed an application for rehabilitation with the Seoul Central District Court 2015 Gohap10081 on April 6, 2015, and Nonparty Bank filed a guarantee against Nonparty Company with the Plaintiff.

arrow