beta
(영문) 대전지방법원천안지원 2016.08.24 2016가단1782

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 659,073,534 won and the Defendants B farming association and E with respect thereto on January 8, 2016.

Reasons

1. Determination as to the cause of claim

A. The evidence Nos. 1 through 5, Gap evidence No. 6 (the confirmation of the balance of the advance payment and the joint and several surety's name and address column of the joint and several surety's name, defendant C, E, F, G, and H's name and address column of the joint and several surety's address are by the above Defendants, and since there is no dispute between the parties that the seal affixed following the above Defendants' name is based on the seal of the above Defendants, the authenticity of the entire document is presumed to have been established. The defendants "the confirmation of the advance payment and the joint and several surety's confirmation statement of the advance payment in this case" hereinafter. Although there is no evidence supporting that the advance payment in this case was forged by the plaintiff's employee, the defendants have no evidence proving that the advance payment in this case and the joint and several surety's confirmation form were forged by the plaintiff's employee, Gap evidence Nos. 7 through 9, and Eul evidence No. 1 (including each number; hereinafter the same shall apply), the whole purport

1) On July 7, 2014, the Plaintiff entered into an agreement on external trade of agricultural materials with Defendant B Incorporated Partnership (hereinafter “Defendant Corporation”) with the effect that the credit limit is KRW 61.2 million, and the period until July 6, 2017, the interest rate of KRW 61.5% per annum, and the interest rate of KRW 8.5% per annum, and the interest rate of KRW 8.5% per annum, and the sales of export boxes, distribution site products, etc. on credit (hereinafter “instant credit transaction agreement”).

B) Defendant C, D, E, F, G, and H on the same day guarantee against the Plaintiff up to KRW 7,3440,000 for all the present and future obligations under the credit transaction agreement of the Defendant Corporation (hereinafter “instant credit guarantee”).

(C) The Plaintiff concluded an agreement. The Plaintiff supplied farming materials to Defendant corporations on credit from around that time to March 2015.

The principal of the instant credit transaction agreement calculated by the Plaintiff as of December 7, 2015 is KRW 48,490,437.

2) The Plaintiff and the enterprise.