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(영문) 수원지방법원 2017.05.24 2016가단30469
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 7, 2014, the Plaintiff entered into a monetary loan agreement and a liquor supply contract (hereinafter “instant contract”) with Nonparty D, who operates the business in the name of “C” in Yeongdeungpo-gu, Suwon-si, Suwon-si, and leased KRW 70 million to D as a loan for start-up funds of the said business establishment, and agreed to repay the said loan in twenty times each month from November 20, 2014 to June 20, 2016.

B. In the instant contract, the Plaintiff and D agreed to purchase from the Plaintiff all the alcoholic beverages sold at the Plaintiff’s business establishment (C head office) for at least two years from the date of conclusion of the contract, instead of making interest-free interest on the borrowed amount. If D ceases to purchase alcoholic beverages within two years since it violated the foregoing provision, it shall pay 35 million won as a penalty (except in the case of transfer of a business establishment after the closure of business or the completion of repayment of loans) as a penalty (except in the case of transfer of a business establishment after the closure of business or the completion of repayment of loans), and D agreed to pay the said penalty even if D pays the borrowed amount in full within two years from the date of the contract and suspends transactions.

C. On October 7, 2014, D concluded a collateral security contract with the Plaintiff, debtor, and the maximum debt amount as KRW 91 million with respect to the F apartment 102 Dong101, Yeongdeungpo-gu, Young-gu, Young-gu, Kim Jong-gu, the non-party E owned on October 7, 2014, to secure the obligations under the instant contract, such as the loan debt, penalty, and purchase price of alcoholic beverages, and subsequently registered the establishment of the collateral security on the same day.

The Defendant jointly and severally guaranteed D’s debt owed to the Plaintiff according to the instant contract.

E. However, until February 9, 2015, D repaid all of the KRW 70 million borrowed from the Plaintiff, and suspended transactions with the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, and Eul 2's entries, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the above facts of recognition are examined.

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