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(영문) 서울중앙지방법원 2016.05.20 2015나73219
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 76,548,750 and its relation to the Plaintiff from June 1, 201 to July 7, 2011.

Reasons

1. Facts of recognition;

A. Before the process of litigation, the Plaintiff Han Bank Co., Ltd. (hereinafter “Plaintiff”) concluded a credit transaction agreement with A Co., Ltd. (hereinafter “A”) on April 30, 2008, and loaned KRW 250 million by setting the lending period as the end of April 23, 2009. However, on April 23, 2009, an additional agreement was concluded to extend the lending period by April 23, 2010.

B. On April 30, 2008, A entered into an export credit guarantee agreement with the Defendant for the guarantee amount of KRW 200 million and the guarantee amount from April 24, 2008 to April 23, 2009, and submitted the export credit guarantee agreement to the Plaintiff after obtaining the export credit guarantee agreement (hereinafter “instant first credit guarantee agreement”) and around April 23, 2009, A again entered into an export credit guarantee agreement with the Defendant for the guarantee period, and submitted it to the Plaintiff with the export credit guarantee agreement for the guarantee period from April 24, 2009 to April 23, 2010.

(hereinafter “instant secondary credit guarantee contract”). C.

A’s closure of business and occurrence of a credit guarantee accident around January 2010. A’s balance of the principal guaranteed by the Defendant to the Plaintiff based on the credit guarantee for A is KRW 76,548,750.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 76,548,750 and damages for delay, unless there are special circumstances.

3. Judgment on the defense

A. The summary of the parties' assertion is that according to the "Agreement on the Implementation of Export Credit Guarantee (Before loading) and the "Standards for the Examination of Compensation for Credit Guarantee (Before loading)", which applies to the plaintiff as an export credit guarantee agency of the defendant, if a joint guarantor has been designated as a person of bad credit standing under the Credit Information Management Rules of the Korea Federation of Banks

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