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(영문) 서울서부지방법원 2016.12.21 2016가단208092
약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2015, the Plaintiff agreed with the Defendants to “purchase and sale of alcoholic beverages handled by the Plaintiff for 36 months (from the Plaintiff)” and leased KRW 50 million to the Defendants on the same day as operating capital (the repayment is to be made in equal 20,000 won each month from October 1, 2015 to May 1, 2017). On September 21, 2015, the Plaintiff leased 5 shock cases (a total of KRW 17,50,000,000 per annum) and 1 column (a market price equivalent to KRW 550,000 per annum) to the Defendant Company without compensation.

B. The Plaintiff supplied liquor to the Defendants from October 1, 2015 to October 19 of the same month.

C. On October 25, 2015, the Plaintiff paid each amount of KRW 5 million on December 22, 2015, KRW 5 million on December 22, 2015, and KRW 10 million on January 27, 2016 (a total of KRW 10 million). The remainder of the loans amounting to KRW 40 million (i.e., KRW 50 million - KRW 10 million) was repaid by means of seizing and collecting the Defendants’ card sales claims or deposit claims, or by withdrawing the Defendants’ deposited money.

(i) In other words, the Plaintiff received all the leased principal from the Defendants (based on recognition). [In other words, there is no dispute, Gap evidence Nos. 1 through 3, 7 through 11 (including household numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff asserts that since the Defendants did not repay the borrowed amount after the end of the transaction and did not pay the borrowed amount in arrears for at least two months, the Plaintiff should pay the interest of KRW 28,33,300 calculated by the rate of 20% per annum from November 2015 to August 2018 (excluding the month of termination) (34 months), which is the date of termination of the transaction, from November 2015 to August 2018 (excluding the month of termination of the contract).

In full view of the overall purport of the pleadings in the statement Nos. 2 and 3, the Defendants borrowed the above KRW 50 million from the Plaintiff, and “(i) arbitrarily suspend the transaction before the period of the transaction agreement expires, and ② month.

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