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(영문) 창원지방법원통영지원 2016.07.20 2016가단2054

물품대금 및 대여금

Text

1. The Defendant shall jointly and severally with Nonparty B pay to the Plaintiff KRW 22,428,300 as well as the full payment with respect thereto from March 16, 2016.

Reasons

1. Determination as to the cause of claim

A. According to the following facts: (a) The Plaintiff operating a liquor wholesale business: (i) on July 22, 2014, the Plaintiff agreed to supply alcoholic beverages to Nonparty B operating a restaurant under the name of “C” and lent KRW 20,000,000 as operational support money from July 22, 2014 to March 25, 2016; (b) on the same day B and this day, the Plaintiff signed and sealed the loan agreement (as 1-1, 200,000 won, hereinafter “the loan agreement of this case”); (c) on the loan agreement of this case, the Defendant, his father, signed and sealed the loan of this case for joint and several sureties; and (d) on July 22, 2014, the Plaintiff loaned KRW 20,000 under the condition that he shall be paid KRW 1,00,000 for each month from July 22, 2014 to March 25, 2016; and (d) the Defendant 20005.

B. Furthermore, in the above facts, the loan agreement of this case provides not only the matters concerning the loan but also the conditions of alcoholic beverage supply and the conditions of return of loan related to alcoholic beverage supply between the Plaintiff and B, as well as the matters concerning the loan agreement of this case, the Defendant jointly and severally guaranteed not only the loan obligations to the Plaintiff but also the obligation for alcoholic beverage payments as stipulated in the loan agreement of this case.

I would like to say.

C. Therefore, the Defendant, as a joint and several surety, is KRW 22,428,30,00 in total amount of alcoholic beverages and loans that the Plaintiff did not repay and the Defendant paid to the Plaintiff (= KRW 7,428,300,000) and as sought by the Plaintiff, from March 16, 2016 to the date following the delivery of the original copy of the instant payment order, as sought by the Plaintiff.