주류대금
1. Defendant C shall pay to the Plaintiff KRW 55,513,195 and the interest rate of KRW 12% per annum from March 18, 2020 to the date of full payment.
1. The following facts of recognition are acknowledged by the parties or by the purport of Gap evidence 1 to 14 and the entire pleadings.
A. The Plaintiff is a company that sells alcoholic beverages, and Defendant C is a person who sells alcoholic beverages in the name of “G” in the name of “G” from “Y” in Suwon-gu, Busan, and engages in the china retail business in the name of “I” in the Busan Shipping Daegu H.
B. On June 6, 2018, the Plaintiff drafted a “Agreement on Loans” by leasing KRW 20 million to Defendant C on condition that alcoholic beverages necessary for G business are exclusively supplied.
Article 5 of the above Agreement states that "Joint and Several Guarantees shall assume all responsibility, including loans and the amount of goods generated in the course of future transactions." The term "Joint and Several Guarantees" of the above Agreement bears the signatures and seals of Defendant D and E, and the certificate of personal seal impression of the said Defendants is attached respectively.
C. On July 9, 2018, the Plaintiff drafted a “Agreement on Loans” by leasing KRW 20 million to Defendant C on the condition that alcoholic beverages necessary for I’s business are exclusively supplied.
Article 5 of the above Agreement states, "Joint and Several Guarantees shall assume all responsibility, including loans and the amount of goods generated in the course of future transactions." The term "Joint and Several Guarantees" of the above Agreement bears the signature and seal of Defendant E, and the certificate of personal seal impression of the above Defendant is attached.
From the time of the preparation of the loan agreement, the Plaintiff supplied alcoholic beverages to G to July 16, 2019, and was not paid KRW 30,660,495. Until July 25, 2019, the Plaintiff supplied alcoholic beverages to I and was not paid KRW 24,852,70.
2. The parties' assertion and judgment
A. According to the facts of the above recognition as to the claim against Defendant C, the defendant C shall pay to the Plaintiff KRW 55,513,195 (=30,660,495 won 24,852,70 won) and the following day of the service of the payment order to the Plaintiff, as prescribed by the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from March 18, 2020 to the day of full payment.