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(영문) 수원지방법원 안산지원 2021.01.27 2019가단63310
양수금
Text

1. The Defendants jointly pay to the Plaintiff KRW 36,00,000 and KRW 24,00,000 among them, from September 1, 2018.

Reasons

1. On August 23, 2017, Defendant B entered into a lease agreement with Defendant C on the lease deposit of KRW 50,000,000, monthly rent of KRW 3,200,000, and the lease term from August 23, 2017 to August 23, 2019 (hereinafter “instant lease agreement”). Defendant C paid KRW 50,000,000 as the lease deposit.

On August 30, 2017, the Plaintiff entered into a contract for monetary consumption lending and liquor supply (hereinafter “the instant consumption lending contract”) with Defendant B with the following terms and conditions, and lent KRW 30,000,000 to Defendant B on September 5, 2017.

The plaintiff shall lend 30,000,000 won to the defendant B as non-interest.

Defendant B lent KRW 30,00,00 from August 31, 2017 to June 31, 2019. As such, if calculated by 20 installments from October 5, 2017, which is the following month, the last installment is the date of this last installment, and thus, “from August 23, 2017 to June 31, 2019” appears to be due to the error of calculation.

By the end, KRW 1,500,000 per month shall be repaid over 20 times.

If the defendant B delays the installment payment at one time, he/she shall lose the benefit of installment and shall pay the interest calculated at the rate of 30% per annum.

In the event of the occurrence of a cause for the discontinuance of business or the suspension of business (the closure, suspension, etc. of business) of Defendant B, the full amount of the remainder of the loan and the total amount of credit debts shall be immediately repaid.

The reason why the Plaintiff lent the above money to Defendant B without interest is premised on the Plaintiff’s purchase of alcoholic beverages from the Plaintiff for three years after the completion of the minimum repayment of loans. Thus, when Defendant B suspends the purchase of alcoholic beverages, 50% of the above interest and penalty shall be paid with a delayed interest and penalty calculated at the rate of 30% per annum.

Defendant B, on September 4, 2017, transfers to the Plaintiff the right to refund the lease deposit amount of KRW 50,000,000, which Defendant B had against the Defendant under the instant lease agreement.

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