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(영문) 서울남부지방법원 2019.07.02 2018가합108231
대여금
Text

1. The Defendants jointly and severally with E, F, and G amounting to KRW 880,838,470 and the Plaintiff from October 27, 2018.

Reasons

1. Basic facts

A. On August 18, 2016, the Plaintiff entered into an agreement between the Defendants, E, F, and G (hereinafter referred to as “the Defendants, etc.”) and the Defendants, etc. to supply alcoholic beverages of at least KRW 150 million per month at the Defendants, etc.’ workplace, and lend KRW 600 million to the Defendants, etc. as interest-free. The Defendants, etc. jointly and severally agreed to pay KRW 30 million each month from October 25, 2016 to May 25, 2018 (hereinafter referred to as “instant agreement”). A notary public entered into a contract for transfer of security, such as a written agreement and a facility, with a content that the Defendants, etc. shall jointly and severally pay KRW 30 million each month (hereinafter referred to as “instant agreement”). A law firm was certified by H33, 2016.

(hereinafter “instant Notarial Deed”): Plaintiff B (joint obligor): Defendants, etc.

1. Eul shall purchase alcoholic beverages handled at the workplace of Eul for the duration of the agreement set out in the following 3 above only from Gap, and the order shall be made one business day before the date of supply, and the price shall be made by means of the alcoholic beverage card at the time of delivery.

2. A is to grant a loan of KRW 600 million to B, and a loan of KRW 30 million from October 25, 2016 to May 25, 2018 to KRW 30 million on May 25, 2018, through an automatic transfer through a bank designated by A.

3.The period of transactions shall be 36 months from the date of the Agreement, and the period of agreement shall not change even if the loans referred to in paragraph 2 above are repaid at one time.

4.B shall purchase from Party A alcoholic beverages of KRW 150 million each month, and in the event the purchase amount falls short of this standard or the repayment of the loan under paragraph 2 above is in arrears, Party B shall lose its term of interest, Party B may request Party B to repay all remaining loans, outstanding amounts, etc., and Party B shall reimburse them immediately.

5. Eul shall perform the notarial deed of Promissory Notes (Law Firm H, No. 462, 2016) with a maximum amount of debt at the rate of KRW 720,000,000, in order to secure the obligations to Gap which will be currently and future, in accordance with this Arrangement.

8. The Parties shall terminate this Arrangement.

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