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(영문) 서울중앙지방법원 2008.03.21 2006가합110815

대여금등

Text

1. The Plaintiff:

A. Defendant A and B shall jointly and severally pay KRW 67,00,000 and the interest thereon from February 6, 2008 to the date of full payment.

Reasons

1. Indication of claim;

A. On December 28, 2001, the Plaintiff lent KRW 67,000,000 to the said Defendants, who jointly run a retail business of alcoholic beverages on December 28, 2001.

B. As to Defendant 3, 4, 5, and 6, the Plaintiff entered into a contract with the said Defendants, running a liquor wholesale business, to exclusively supply all alcoholic beverages sold at the said business establishment, on August 2003 or around September 9, 200, with the Plaintiff. The content of the contract is to set up three years for the exclusive transaction, and to set up five TV sets free of charge at the said business establishment, and to return the said TV sets installation price in the event that the Plaintiff suspends transactions during the contract period, and the Plaintiff shall pay 150,000,000 won to the Defendants for the operation of the said business from December 20 to September 2004 in addition to the annual interest rate of 15,00,000 to 10,000 won.

3) The Defendants closed their business on February 4, 2004 and discontinued their transactions with the Plaintiff. Until that time, the unpaid liquor amount was KRW 22,205,647, and the installation price of KRW 20,000,000 for the above large TV set of KRW 5,000. D. The Defendants issued and delivered a promissory note amounting to KRW 150,000 at face value to the Plaintiff on January 29, 2004. From December 18, 2003 to February 4, 2004, the Defendant purchased alcoholic beverages amounting to KRW 22,205,647 from the Plaintiff on February 18, 2003 to February 4, 2004 (Article 38(3) of the Civil Procedure Act).

3. Claims against Defendants 2 and 9: Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act).