logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.10 2020가합522513
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the nominal owner of a business registration and a business license for food and entertainment tavern business in the trade name of “E” on the second floor of the Gangnam-gu Seoul Metropolitan Government D ground ground building (the trade name was changed to “F”), and the entertainment tavern in the name of “G” on the third floor of the same building (hereinafter collectively referred to as the “instant entertainment tavern” in total).

The defendant is a company aimed at the wholesale business of alcoholic beverages.

B. The Plaintiff operated the instant entertainment tavern business from June 2018 to November 2018 with H and I as the instant entertainment tavern business, and received a business license for food service business after having registered the instant entertainment tavern in the name of the Plaintiff.

C. On November 2018, the Plaintiff left the same business relationship with the instant entertainment tavern, and thereafter, H operated the instant entertainment tavern, but did not change the name of the business operator and the name of the food service business business license.

On March 11, 2019, the Plaintiff, the representative of the instant entertainment tavern, who served as the president of the instant entertainment tavern, drafted a trade agreement with the Defendant to borrow KRW 300,000,000 from the Defendant (hereinafter “instant trade agreement”), and the Defendant lent KRW 300,000 to the Plaintiff and J on the same day.

The main contents of the instant transaction agreement are as follows.

Article 1 Loans and Repayment Method

1. The defendant shall lend 300,000,000 won to the plaintiff and J as a loan, confirm that the plaintiff and J have been leased, and shall reimburse the plaintiff as follows:

2. The repayment of loans shall be made in installments over 20 times each 15,00,000 won from April 15, 2019 through 15,000.

3. The costs of notarial acts in connection with a loan shall be borne by the plaintiff and J.

4. The plaintiff and J shall bear 25% (25% interest per annum on the principal from the date of delinquency in the event of arrears on the date of repayment agreed under paragraph 2 above.

Article 2 Details of the Agreement

2. Where the monthly repayment is in arrears;

arrow