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(영문) 춘천지방법원 2015.04.22 2014가단30516
물품대금
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 following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 (except for the part under the following name of the defendant B), and evidence Nos. 2 through 5, based on the whole purport of the pleadings.

(1) On March 30, 2012, the Plaintiff entered into an agreement on credit transactions with Defendant A, an employee of the Korea Infrastructure Corporation (hereinafter referred to as “instant agricultural partnership”) with the Korea Agricultural Partnership Corporation (Representative D; hereinafter referred to as “instant agricultural partnership”) on credit transaction as follows.

(hereinafter “instant agreement.” Meanwhile, Defendant B, the wife of F, working at the instant farming association, is recorded as joint and several sureties for Defendant A, who was the wife of F, working at the instant farming association. On the other hand, the Plaintiff’s two-gun’s E branch was led by the E branch located in both different-guns, and the Plaintiff is both referred to as “Plaintiff E branch.”

(3) The instant agreement’s content A) The credit transaction limit for Defendant A: 48 million won (Article 6) settlement (Article 6) (1) settlement of accounts (Article 8.5% per annum from the 30-day interest-free credit period to the 30-day credit period) settlement.

(2) The 15% overdue interest per annum shall be adjusted equally from the day following the credit date to the day of settlement.

C) The agreed period: Not later than March 30, 2013, the inspection (Article 5) ① The Plaintiff must deliver the goods ordered by the Defendant to the designated place.

(2) When a plaintiff delivers goods, he/she shall submit a transaction statement and receive a receipt of goods from an inspector designated by the defendant.

B. Defendant A prepared and delivered to the Plaintiff a certificate of acquisition of foreign farming materials (Evidence A 5) that he/she acquired a virtue equivalent to KRW 47,987,700 on March 30, 2012.

C. On August 19, 2012, Defendant A prepared a debt certificate (Evidence A 6) that a debt exists under the instant agreement and delivered it to the Plaintiff.

As of November 20, 2013, the principal and interest under the instant agreement are KRW 56,385,546 = Credit transaction.

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