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(영문) 서울중앙지방법원 2015.07.03 2014가합565328
구상금 등
Text

1. As to KRW 959,552,260 and KRW 959,04,560 among the Plaintiff, Defendant A shall be from July 1, 2014 to October 10, 2014.

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff entered into an export credit guarantee agreement with the non-party E Co., Ltd. (hereinafter “non-party Co., Ltd.”) and entered into an export credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) on an export transaction-related loan obligations with the non-party Co., Ltd. on the Industrial Bank of Korea (hereinafter “non-party Co., Ltd.”) on June 25, 2014; and the Defendant A, the representative director of the non-party Co., Ltd., jointly and severally guaranteed the instant credit guarantee agreement. According to the instant credit guarantee agreement, the contractor and the guarantor shall pay the Plaintiff the amount subrogated by the Plaintiff and the damages for delay and the expenses incurred in executing or preserving the claim for reimbursement at the rate determined by the Plaintiff (11%) from the date of repayment to the date of full payment.

3) On June 26, 2013, pursuant to the instant credit guarantee agreement, the Plaintiff issued to Nonparty Company an export credit guarantee certificate with the maximum credit guarantee amount of KRW 950,00,000 and the term of guarantee as of June 25, 2014. On June 26, 2013, Nonparty Company entered into an export credit guarantee agreement with Nonparty Company as the collateral, setting the export credit certificate amount of KRW 1,400,000 from Nonparty Bank as of June 25, 2014 (hereinafter “instant loan”). (b) On June 25, 2014, Defendant A entered into a collateral security agreement between Defendant A and Defendant Special D Company as to the instant real estate (hereinafter “instant real estate”) with the maximum debt amount of KRW 420,00,000,000, and the Defendant Company’s rehabilitation company and Defendant Han River Co., Ltd. (hereinafter “Defendant 1”) with the Seoul District Court’s registration office as to the instant mortgage agreement.

C. Defendant A.

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