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(영문) 인천지방법원 2018.02.02 2016가단57399
청구이의
Text

1. Certificate No. 205, No. 205, 2016, issued by the Defendant-Counterclaim Plaintiff’s office against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 16, 2016, the Defendant, who runs a wholesale business of alcoholic beverages, drafted a trade agreement with the Plaintiff operating the heading house with the trade name “C” (hereinafter the instant trade agreement) as follows:

In granting a loan to the Defendant (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) for the purpose of promoting common interest, the following provisions are agreed upon by the Defendant (hereinafter referred to as “B”) with a view to faithfully selling alcoholic beverages handled by “B” in accordance with the interests obtained by the installment repayment of the loan.

Section 1 (Purpose) A shall lend a loan to B for the sale of alcoholic beverages within the agreed period to B, and B shall borrow this.

Article 2(1) A shall lend 20 million won to B, and 20 million won shall be faithfully implemented as provided for in each provision. 2) B shall be supplied and sold only for alcoholic beverages handled by A to correspond to the profit acquired by the installment repayment amount under paragraph (1), and multiple transactions shall not be conducted.

Article 3(1) (Interest and Penalty for Breach of Contract) Interest on a loan shall be null and void, and in the event of loss of benefit due to time limit, penalty for breach of contract shall be imposed annually on the first loan from the date of the first loan to the maturity stipulated in Article 4 from the date of the first loan payment to the maturity stipulated in Article 4.2) A shall pay to A an amount equivalent to 25% per annum on the first loan payment due to a breach of contract period under Article 7(2).

3) The penalty for redemption before maturity shall be paid to A with the penalty for breach of contract. The amount of the penalty for redemption before maturity shall be paid to A at least 25% per annum on the initial amount of the loan payment. From April 16, 2016 to November 16, 2017, an automatic transfer shall be made in 20 months from the business operator’s passbook, one million won per month from April 16, 2016 to November 16, 2017. Article 5 (Loss of Benefit) (1) of the Act provides that Article 7.

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