logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.12.06 2016가단4475
위약금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On December 2, 2013, the Plaintiff asserted that the Plaintiff entered into a liquor supply contract with the Defendants.

The Plaintiff, on December 2, 2015, lent KRW 100 million to the Defendants as the due date for repayment and as interest-free. In addition, the Defendants agreed to supply goods to the Plaintiff for the period of 36 months, but the Defendants did not observe the said transaction period, to pay the amount equivalent to 30% of the said loan to the Plaintiff.

However, since the Defendants discontinued transactions with the Plaintiff before the lapse of 36 months, the Defendants are obligated to pay the Plaintiff KRW 30,000,000 and delay damages.

B. Defendant B’s assertion of the Defendants borrowed KRW 100 million to the Plaintiff under the remainder of the Defendants’ joint and several sureties, and repaid all of them.

At the time of the above loan, the Defendants provided the Plaintiff with a seal impression and a certificate necessary for the preparation of a notarial deed under a monetary loan agreement, and performed the preparation thereof.

The Defendants did not agree to pay the amount equivalent to 30% of the above loans to the Plaintiff when they traded goods with the Plaintiff for 36 months and did not observe the pertinent period. As such, the Defendants filed the instant lawsuit by forging the Defendants’ nominal portion of the transaction agreement (Evidence A (Evidence A 1) as if such agreement had been concluded by the Plaintiff with respect to the issuance of a seal imprint and a certificate of seal imprint.

2. Comprehensively taking account of the purport of the entire pleadings as to the statement No. 2 of the judgment as to December 2, 2013, the fact that on December 2, 2013, the Plaintiff leased KRW 100 million to Defendant B the remainder Defendants’ joint and several sureties, and Defendant B agreed to make installment payments of KRW 5,000,000 each twenty times from December 27, 2013 to July 2015, and on the same day, the fact that on the commission of both the Plaintiff and the Defendants on their behalf, a notarial deed (Evidence No. 2) with executory power over the above lending was prepared.

Once this fact is found.

arrow