청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On September 17, 2012, the Plaintiff borrowed KRW 200 million from the Defendant for the purpose of purchasing alcoholic beverages, and KRW 100 million on December 21, 2012, respectively (hereinafter “the instant loan”), and in return, paid 0.5% of the monthly sales amount to the Defendant as commission.
A in a monetary loan agreement for consumption: The plaintiff, and the defendant, Article 1 (Purpose): Eul shall lend 300 million won to Gap on May 1, 2014 for the purpose of purchase funds.
(Relending KRW 200 million on September 17, 2012 and KRW 100 million on December 21, 2012): A shall pay the fees prescribed in Article 7 of the Business Agreement concluded on May 1, 2014 to B on May 20 of the month following the month in which the date of lease falls.
Article 4 (Loss of Benefit of Time): A shall lose the benefit of time under any of the following subparagraphs, and shall comply with the demand of B to complete the principal and interest of B even if there is no other peremptory notice or procedure from B:
1. Article 7 (Notarial Deed) where A delays the payment of principal fees and interest thereon on more than two occasions: A shall consent to each provision of this Agreement in a notarial deed and submit documents necessary therefor to B;
A business agreement: The plaintiff, Eul: Article 7 (Fees, etc.): ① In the event that the purchase fund is lent to Eul, or the security is provided to other companies for the purpose of setting a limit on credit purchase to Gap, Gap shall pay to Eul a certain rate of monthly sales as commission.
(2) The fee rate shall be determined by mutual consultation each quarter in consideration of the balance of management in B based on the following subparagraphs:
1. On May 1, 2014, the Plaintiff entered into a monetary loan agreement and a business agreement with the Defendant, respectively, on which May 1, 2014, the Plaintiff entered into the instant notarial deed with B as both agents on the same day.
The Plaintiff did not pay fees after October 17, 2013, and the Defendant applied for compulsory execution based on the instant authentic deed, and on May 27, 2015.