약정금 등
1. The Defendants jointly and severally pay the following money to the Plaintiff:
(a) 31,882,583 won;
(b) (of the money described in (a) above).
1. Facts of recognition;
A. The Plaintiff is a liquor wholesaler, and the Defendants operated a restaurant in the name of “E store” in the Gangnam-gu Seoul Metropolitan Government D building B 1st, 120, and 121.
B. On June 22, 2015, the Plaintiff entered into a financial support agreement with the Defendants, under the condition that the Defendants were exclusively supplied alcoholic beverages from the Plaintiff, by borrowing KRW 30 million from the Plaintiff on condition that they were exclusively supplied with alcoholic beverages, but in installments by 1.5 million and in installments from July 22, 2015 to July 22, 2015, with a rate of 20% per annum, and with a default on repayment at least once, with a rate of 20% per annum, with a view to not raising an objection even if the Plaintiff enforced compulsory execution.
(hereinafter “instant contract,” and the Defendants’ joint and several liability under the instant contract does not dispute the Defendants’ joint and several liability)
In the instant contract, the Defendants agreed to pay the Plaintiff’s price for the Plaintiff’s goods on the day of the liquor card (Article 1 subparag. 3), and agreed to pay the Plaintiff’s goods transaction period for five years from the date of receipt of the loan, but 20% of the loan shall be paid as penalty at the time of suspension of transaction within five years, and interest shall be paid at 20% per annum from the date of receipt of the loan, and the Plaintiff shall pay the amount in cash for the cooling equipment and machinery provided by the Plaintiff
[Article 1 Section 4] D.
From July 24, 2015 to December 28, 2015, the Defendants repaid to the Plaintiff a total of KRW 1.5 million each total of KRW 1.5 million on six occasions.
E. The Plaintiff supplied the Defendants with alcoholic beverages by July 13, 2016, and the Defendants did not operate a restaurant any more thereafter.
The balance of liquor payments that the Plaintiff did not receive from the Defendants is KRW 1,112,00 in total.
F. As to the claims against the Defendants, the Plaintiff collected KRW 2,153,389 in total from a credit card company on November 9, 2016 and November 10, 2016 as follows.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers), and the purport of the whole pleading
2. The Parties.