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(영문) 서울중앙지방법원 2014.12.18 2013가단5130662
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(c)it shall be a juridical person established by trade insurance providing original insurance, joint insurance and reinsurance, export credit guarantees and import credit guarantees for raw materials for export;

B. (1) On April 25, 201, the Defendant entered into an export credit guarantee agreement (after loading) with A Co., Ltd. (hereinafter “A”) on an export credit guarantee agreement (hereinafter “the export credit guarantee agreement”) with A to guarantee the payment of a reimbursement obligation, and issued A an export credit guarantee agreement (hereinafter “the export credit guarantee agreement of this case”) with A to guarantee the payment of a reimbursement obligation, by obtaining an export payment claim that A will receive from an importer after shipping the export payment in the form of purchase of the export payment claim from Bushnco. (hereinafter “A”), and then obtaining an export payment guarantee agreement with Bushnco. (hereinafter “A”).

On the other hand, the special terms of the export guarantee of this case are as follows.

**** special terms and conditions***** this letter of guarantee is operated before and after the date of issuance of the letter of guarantee - loans under this letter shall be limited to the shipment after the date of issuance of the letter of guarantee and shall be limited to the case where the following two conditions have been satisfied:

Export Contracts and Shipping Documents ( Original or Copy)

B. Designation of an export-price deposit account as a management account - Article 11 (Prohibition of Implementation of Loan on Credit Guarantee) 1 of the Terms and Conditions does not apply. (2) The main contents of the export credit guarantee terms and conditions (after shipment) applicable to the export credit guarantee agreement of this case are as follows.

Article 1 (Terms and Conditions after Loading) of the Export Credit Guarantee Clause (Terms and Conditions) provides that a foreign exchange bank (hereinafter referred to as the “bank”) purchases bills of exchange or shipping documents (hereinafter referred to as “export bonds”) related to export transactions as a security for an export credit guarantee (hereinafter referred to as “credit guarantee”) and receives the export payment from the importer.

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