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(영문) 서울중앙지방법원 2016.05.24 2016가합501670
구상금
Text

1. As to the Plaintiff, Defendant A and Defendant B jointly and severally KRW 228,770,030 and KRW 227,459,730 among them, respectively.

Reasons

1. Determination as to the claim against Defendant A and Defendant B

A. 1) On March 28, 2014, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and a loan-handling institution as a national bank (hereinafter “national bank”) under which the credit guarantee limit is KRW 225 million, and the guarantee period is from March 31, 2014 to March 30, 2015.

(B) On March 31, 2015, Defendant Company extended the period of KRW 250 million, which was loaned on April 25, 2013 by the National Bank as collateral the export credit guarantee certificate under the instant credit guarantee contract. (2) Defendant B, the representative director of Defendant B’s joint and several liability company, at the time of the instant credit guarantee contract, guaranteed the obligation that Defendant Company will bear to the Plaintiff due to the instant credit guarantee contract.

3) On March 7, 2015, the National Bank notified the Plaintiff of the occurrence of a credit guarantee accident and the Plaintiff’s subrogation) and filed a claim for the performance of the guaranteed obligation on March 30, 2015.

B) On June 9, 2015, the Plaintiff paid KRW 227,459,730 of the principal and interest KRW 225,459,730 of the guaranteed debt based on the instant credit guarantee agreement by subrogation to the National Bank, and paid KRW 1,310,300 for the purpose of preserving claims, such as provisional seizure. C) pursuant to Article 8 of the instant credit guarantee agreement, the Plaintiff’s performance of the guaranteed debt by adding up the damages calculated by multiplying the amount of the guaranteed debt and the amount of the guaranteed debt by the overdue interest rate determined by the Plaintiff (11% per annum from June 10, 2015).

[Ground of recognition] Unsatisfy, A(1) through (3)

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