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(영문) 서울남부지방법원 2021.02.17 2020가단9712
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the law firm E, February 7, 2020, No. 52, 2020.

Reasons

The plaintiff alleged by the parties concerned was supported by the defendant as "F" in order to operate the connection house of the trade name "F" (hereinafter referred to as the "store of this case"), but only one certificate of seal imprint and one certificate of seal imprint were held as "satisfy," and the above 20 million won was fully repaid by March 15, 2020, but the defendant collected KRW 5 million for the card company, etc., after making use of the certificate of seal imprint of this case (hereinafter referred to as the "Fair Deed of this case") and then making use of the certificate of seal imprint of this case, etc., the plaintiff claimed objection against the certificate of this case and the return of KRW 5 million.

The Defendant asserted that the promise of the instant fair deed was committed by the Plaintiff through a loan certificate, etc., and the Plaintiff was also liable for the expenses incurred by the Plaintiff, and that the Plaintiff exclusively supplied alcoholic beverages to the Plaintiff, and that there was a penalty provision equivalent to 25% of the principal when the Plaintiff violated this provision. However, the Plaintiff was supplied alcoholic beverages twice from G Co., Ltd., on the one hand, and thus, the Plaintiff merely received the collection of KRW 5 million out of the remainder of the loan amount of KRW 5 million after deducting the penalty from the remainder of the loan amount of KRW 5 million.

As to this, the Plaintiff had no exclusive supply commitment of alcoholic beverages.

Even if it is claimed that it is excessive in light of the trading period, etc.

2. According to the evidence evidence Nos. 1 to 6, Eul 2 to 11, the defendant loaned KRW 20 million to the plaintiff as non-existent for 36 months from Jan. 29, 2020, and the defendant prepared a transaction agreement and a loan agreement with other alcoholic beverage companies to suspend the supply of alcoholic beverages during the above period and pay a penalty of KRW 24% of the penalty of KRW 20 million (a loan agreement shall state the rate of penalty in 30%), and each written execution written on the same day shall be a fair copy of the contract of this case when there are reasons attributable to the contract of this case.

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