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(영문) 서울북부지방법원 2014.12.18 2013가단45362
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 90,000,000 and Defendant A with respect thereto from March 4, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company running the liquor wholesale business, and the Defendant B (hereinafter “Defendant Company”) is a franchise business company with the trade name “C”, and the Defendant A is a real representative operating the Defendant Company.

B. On September 30, 201, the Plaintiff entered into a liquor supply contract with Defendant A. On October 6, 201, the Plaintiff agreed to lend KRW 150 million for liquor loans to Defendant A on the condition that it would be repaid at no interest rate of KRW 30 million and KRW 150 million for 30 months. In the event that Defendant A has failed to repay at least three occasions, the Plaintiff agreed to transfer all the rights to the first floor (C; hereinafter “first floor”) of the building on the Gangnam-gu Seoul Metropolitan Government D ground (hereinafter “First floor”) and the right to the said store to the Plaintiff.

Defendant A notarized promissory notes against the Plaintiff on the same day.

C. On November 1, 2011, the Plaintiff entered into a liquor supply contract with the Defendant Company. On November 2, 201, the Plaintiff loaned KRW 100 million to the Defendant Company on the condition that liquor loans shall be repaid at no interest rate of KRW 20 million and KRW 20 months. However, in the event that the Defendant Company fails to repay the repayment on three or more occasions, the Plaintiff agreed to transfer all the rights to the second floor of the Seoul Gangnam-gu ground building (C; hereinafter referred to as the “second floor”) and the right to the said store to the Plaintiff, and the Defendant Company jointly and severally guaranteed the said obligation of the Defendant Company.

On November 8, 2011, Defendant Company rendered a notarized promissory note to the Plaintiff regarding the above loan. D.

From November 7, 201 to August 7, 2013, the Defendant Company repaid to the Plaintiff a total of KRW 150 million. Defendant A repaid to the Plaintiff KRW 50 million on August 7, 2013, including KRW 50 million and KRW 10 million on October 31, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, evidence 8-1, 2, Gap evidence 9, evidence 10-1, 2, 3, evidence 20, evidence 10-20, evidence 1 and 5, and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion 1.

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