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1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul Southern District Court Decision 2018Gaso29847 recommendations.
Reasons
1. Basic facts
A. On January 27, 2014, the Plaintiff leased a commercial building D located in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, at KRW 100,000,000 for lease deposit and KRW 9,000 for monthly rent, and C operated the main business at that place.
B. On October 14, 2015, C and the Defendant drafted a “transaction contract (cash lending)” with the following terms (hereinafter “instant contract”), and the Plaintiff signed and sealed the contract as a joint and several surety in C.
The defendant of the contents of the loan under Article 1 shall lend 40 million won to C on condition that C make a transaction for 36 months.
Article 2 (Loan Conditions 1) A shall provide a copy of the lease contract to the defendant, and if there is a change in the lease contract, C shall preferentially repay the loan to the defendant.
Article 3 Repayment C shall pay a loan provided by the Defendant in installments from December 5, 2015 to KRW 1 million each month, and if the loan has been delayed and unpaid on at least two occasions, the payment shall be made to the Defendant under the conditions of Article 4.
Article 4(3) Where the repayment of the loan and the payment of the goods are not made even though the transaction has been terminated, C shall compensate the Defendant for the delayed payment of 20% per annum for the loan and 6% overdue interest per annum for the goods by a notarial deed.
Article 5 (Notarial and Establishment C shall, in principle, prepare a letter of agreement and establish a bill of exchange and a security, and even if the loan has been fully paid but the amount of credit goods has not been fully paid, it shall be comprehensively applied to a bill of exchange and the legal effect shall be the same as that of a bill of exchange, and C's property may be enforced by a bill of exchange
C. C was supplied alcoholic beverages from around October 2015 under the instant contract, and terminated the transactional relationship around March 2018.
On April 17, 2018, the Plaintiff subrogated to the Defendant for a balance of KRW 13 million out of the loans extended by C under the instant contract, and the Defendant on April 18, 2018, “C while engaging in a liquor supply transaction with us on April 18, 2018.”