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(영문) 서울중앙지방법원 2016.06.21 2016가합1538
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 415,000,000

B. The defendant A and the defendant B are jointly and severally, and the defendant B are 7.7.

Reasons

1. In fact, on April 17, 1997, Defendant A Co., Ltd. (hereinafter referred to as Defendant A) entered into a payment guarantee agreement between the above Defendant A Co., Ltd. (hereinafter referred to as “Japan Bank”) and the above Defendant A Co., Ltd. (hereinafter referred to as “Seoul Bank”) with a local bank for the purpose of obtaining a loan from the local bank, with a view to the payment guarantee in the name of the guaranteed letter of credit, the transaction period from April 17, 1997 to April 17, 1998 (hereinafter referred to as “the payment guarantee agreement of this case”). On the same day, Defendant B and Dong G agreed to the extent of 6,370,000 U.S. dollars for all obligations under the above payment guarantee agreement between Defendant B and Japan.

At the time of the above payment guarantee agreement, the first bank and the defendant A agreed to guarantee the credit of the defendant A within the limit of the guaranteed amount, and if the first bank performed the guaranteed obligation, the defendant A agreed to reimburse the first bank at the rate of 18% per annum on the amount of performance, delay compensation, and the principal which has not been paid after the expiration of the guarantee period, as to the principal which has not been paid after the expiration of the guarantee period, the special compensation from the following day of the payment date until the day before the date of performance or the date of performance of the above guaranteed obligation, and all other expenses incurred in the exercise

On April 18, 1997, at the request of the defendant A on the basis of the above payment guarantee agreement, Japan opened the guaranteed L/C (SandC) in order to secure the payment of loans to the non-party H Co., Ltd. (hereinafter, hereinafter, referred to as the "Y"), a subsidiary of the above defendant's above defendant's above defendant's above defendant's non-party H (H, hereinafter, only H, H) for the non-party L/C, a subsidiary of the above defendant's above defendant's above defendant's domestic corporation, the period of validity, until April 18, 1998.

Accordingly, the New York branch of the Eastern Bank extended US dollars 4,372,348.67 to H as security the said guaranteed letter of credit.

However, the defendant A around January 6, 1998.

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