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(영문) 대구지방법원 2017.02.15 2016나9580
물품대금 등
Text

1. Of the judgment of the court of first instance, with respect to KRW 29,093,00 and KRW 28,00,000 among the judgment and the judgment, against the Plaintiff, the judgment of the court of first instance is rendered on December 29, 2015.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of purchasing and selling various alcoholic beverages, and the defendant is a person who operates a restaurant in the trade name of "B".

B. The Plaintiff entered into a liquor supply contract with the Defendant and supplied alcoholic beverages to the restaurant operated by the Defendant from April 18, 2014 to January 16, 2015, and the relevant attempted amount is KRW 1,093,000.

C. On April 14, 2014, the Plaintiff agreed to lend KRW 40,000,000 to the Defendant for the following terms, premised on the continued transaction of alcoholic beverage supply under the said alcoholic beverage supply contract, and transferred the said amount to the Defendant’s account on April 15, 2014.

(hereinafter “instant loan agreement”). Plaintiff B: Defendant B: (a) loaned KRW 40,000,000 per loan to Party B; and (b) Party B agreed to repay KRW 2,00,000 per month from June 20, 2014 to January 20, 2016.

Paragraph 2: A and B shall continue transactions for a year by supporting this loan, and where the transaction is terminated without prior consultation by the intention of “B” within the transaction period, “B” shall, even if the full repayment of the repayment is made to “A”, be paid at the rate of 15% per annum (in accordance with the rate of 15% per annum of the leased principal).

Paragraph 3: Where paragraph 1 is unilaterally violated for a period of one month, B may terminate the contract to A after consultation with the head office.

Paragraph 4: If "B" violates a contract under paragraphs 2 through 3, it shall immediately lose the benefit of time arising from the delay of performance, and "B" shall bear civil and criminal responsibility for all legal matters arising from the cause of the breach of the contract under paragraph 2 through 3.

The defendant on June 23, 2014, and the same year for the plaintiff

7.21.21., the same year

8. 29.29., the same year

9. 24. 27. 10. 27. 12.00,000 won in total, each of 2,000,000 on April of the same year.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 7 and 8 are numbers.

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