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(영문) 서울중앙지방법원 2019.01.18 2017가합549556
구상금
Text

1. As to KRW 675,783,560 and KRW 670,924,680 among the Plaintiff, Defendant A shall be from April 29, 2017 to July 26, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, on December 1, 2016, entered into the instant credit guarantee agreement and joint and several surety A, etc. (hereinafter “D”).

B) In relation to D’s borrowing of funds necessary for trade financing from the Industrial Bank of Korea, “credit guarantee limit: 65,00,000, the maximum amount of guaranteed liabilities: 864,500,000, and the subject obligations: Trade financing and guarantee period: the export credit guarantee agreement stipulated “from December 9, 2016 to December 8, 2017” (hereinafter “instant credit guarantee agreement”).

D) According to the credit guarantee agreement of this case, D is an export credit guarantee statement from the Plaintiff (hereinafter “instant guarantee statement”).

(2) At the time of the instant credit guarantee agreement, Defendant A, a representative director of D, jointly and severally guaranteed the obligation that D would incur to the Plaintiff in accordance with the instant credit guarantee agreement.

3) In the event that the Plaintiff fulfilled a guaranteed obligation under the instant credit guarantee agreement, D agreed to pay the Plaintiff “amount of the performance of the guaranteed obligation and reasonable expenses required for the exercise of the Plaintiff’s right to preserve the performance of the obligation acquired by the Plaintiff through the performance of the guaranteed obligation.” If D fails to repay the said amount, D agreed to pay the amount in arrears at the rate of 10% per annum for the small and medium enterprises identical to D as the Plaintiff, with respect to the number of days from the day following the due date set by the Plaintiff until the date of redemption.” (Article 8(1) and (2)4 of the instant credit guarantee agreement) D agreed to pay the amount in arrears calculated by adding the “amount of damages calculated by multiplying D” (Article 8(1) and (4) of the instant credit guarantee agreement) was loaned KRW 665,00,000 from the Industrial Bank of Korea on the basis of the instant guarantee guarantee agreement.

B. On February 20, 2017, one Industrial Bank of Korea, including the occurrence of a credit guarantee accident, shall cause a credit guarantee accident on January 21, 2017 due to the reduction of export performance, the failure to pay principal and interest, due to the sales failure due to the failure to recover the export price and the poor management failure.

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