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(영문) 서울중앙지방법원 2015.07.16 2015가단6041

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 44,686,520 as well as 6% per annum from April 3, 2015 to July 16, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of liquor wholesale business, and the Defendants jointly operate C.

B. On June 2014, the Plaintiff lent KRW 40 million to the Defendants. The Defendants, from July 13, 2014 to February 13, 2016, paid the above borrowed amount in 20 months each month, and agreed to sell the Plaintiff’s liquor product for three years, and to repay the said borrowed amount in lump sum if the transaction with the Plaintiff is discontinued with the Plaintiff.

(hereinafter referred to as “instant loan for consumption”). C.

The Defendants paid to the Plaintiff the amount equivalent to 20% of the borrowed amount as penalty when they violate the agreement under the loan agreement of consumption. D.

On June 13, 2014, the Plaintiff remitted KRW 40 million to Defendant A’s account under the loan agreement of this case.

E. Under the loan agreement of this case, the Plaintiff received 4 million won from the Defendants pursuant to the loan agreement of this case.

F. Meanwhile, around August 2014, the Plaintiff was unable to supply alcoholic beverages to the Defendants upon the closure of business of the Defendants, and the amount of alcoholic beverages not paid by the Defendants at the time is KRW 686,520.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 8, Evidence No. 15-1, 2, Evidence No. 16, Evidence No. 18, Evidence No. 21, and the purport of the whole pleadings

2. Determination A) According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff 44,686,520 won (i.e., repayment of KRW 36 million under the loan agreement of this case, KRW 686,520,000,000,000) and for this, 6% per annum under the Commercial Act from April 3, 2015 to July 16, 2015, which is the day following the delivery of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment) on the condition that the Plaintiff would pay liquor to the Defendants, the Plaintiff is obligated to pay 110,000 won with the Plaintiff’s corporate card for the Defendants.