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(영문) 인천지방법원 2015.07.16 2015가단8185

대여금등

Text

1. The Defendant shall pay to the Plaintiff KRW 26,876,00 as well as 20% per annum from February 24, 2015 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7:

The plaintiff is a juristic person whose purpose is to alcoholic beverage sales business, and the defendant is the person who operates a mutually accepted singran bar.

B. Around January 13, 2015, the Plaintiff entered into an alcoholic beverage supply contract with the Defendant to supply alcoholic beverages to the Defendant and to provide funds (hereinafter “instant contract”). The main contents are as follows.

Article 1 (1) The Defendant shall provide the Plaintiff with all necessary matters for liquor supply, such as a copy of the business registration certificate and an electronic tax invoice transmission email address.

(2) The defendant cannot demand the plaintiff to submit excessive materials different from the purchase volume of alcoholic beverages.

③ The Plaintiff shall guide the Defendant of the exclusive purchase card transaction system for alcoholic beverages, and the Defendant shall faithfully perform such system.

(4) In principle, the defendant shall make payment by alcoholic beverage cards simultaneously with purchase of alcoholic beverages.

⑤ The Defendant’s change of the business registration certificate after the transaction agreement, and the Defendant’s change of the business registration titleholder, regardless of the business name, should handle the Plaintiff’s goods and be liable for the leased money and goods.

Article 2 (Period of Contract (1) The term of contract shall be 36 months from the date when the plaintiff and the defendant entered into the contract to January 25, 2018.

(2) When both parties have no intention to terminate the contract before the expiration of the contract, it shall be automatically extended every 12 months.

Article 3 (Supply of Goods) The Plaintiff shall supply the goods to the loading stations in the order of alcoholic beverages handled by the Defendant.

(2) The defendant shall obtain an order from the plaintiff one day before the goods are supplied, and the multiple transactions shall be excluded.

Article 4 (1) The plaintiff is engaged in transactions with the defendant as follows.