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(영문) 부산지방법원동부지원 2019.04.25 2018가합107632
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 15% per annum from November 11, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 9, 2001, the Korea Export Insurance Corporation entered into an export credit guarantee agreement with the defendant on the purchase of export bills with US$1,000,00 issued by the defendant on April 9, 200, with respect to the purchase of bills of exchange with US$1,00,000 issued by the defendant, and an export credit guarantee agreement with the defendant, importer, and exporter issued export credit guarantee agreements with the defendant, importer, and up to D/A60 days on July 10, 203, and the guarantee period for the export credit guarantee agreement with the defendant on January 9, 204 (hereinafter only referred to as the "credit guarantee agreement of this case") which provides a credit guarantee agreement with the defendant on the export credit guarantee agreement with the defendant on the debt 1,30,000,000 won borrowed from the D bank (hereinafter referred to as the "credit guarantee agreement of this case") and the defendant's Korea Export Insurance Corporation provided a joint and several surety obligation under the above credit guarantee agreement with the defendant's Korea Export Insurance Corporation.

B. On December 17, 2003 and December 24, 2003, the Korea Export Insurance Corporation subrogated each of the above debts to the defendant in accordance with the above credit guarantee agreements.

C. On September 30, 2008, the Korea Export Insurance Corporation filed a civil suit against the defendant and Eul with the Seoul Central District Court Decision 2008Da236233, and rendered a judgment of 11% per annum from the same court to September 17, 2008 with respect to KRW 1,532,279,249 and KRW 1,317,604,050 from December 18, 2003 to 214,201,360 as to KRW 17% per annum from December 25, 2003 to June 15, 2005, from June 16, 2005 to September 17, 2008, and from September 18, 2008 to 16% per annum."

On October 27, 2014, the Korea Export Insurance Corporation transferred to the Plaintiff claims for indemnity, etc. under the instant credit guarantee agreement (hereinafter “instant claim for indemnity”). Around that time, notified the Defendant and E of the said assignment of claims.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, the whole pleadings.

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