beta
Text
Defendants are jointly and severally liable to the Plaintiff for 132,00,000 won and 6% per annum from December 1, 2019 to May 2, 2020.
Reasons
1. Facts of recognition;
A. On December 2014, the Plaintiff entered into an agency contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”), and concluded a long-term loan contract for long-term lease of devices and other products (hereinafter “instant contract”) with the company providing services for credit card member stores, and Defendant C guaranteed that Defendant C jointly and severally performs the Defendant Company’s obligation to the Plaintiff.
B. At the time of the instant contract with the Defendant Company, the term of the instant contract agreement was 36 months, and the Defendant Company provided at least 500,000 credit card transactions with the Plaintiff per month, and the Plaintiff paid KRW 209,000,000 to the Defendant Company once by paying KRW 950,000 to the Plaintiff so that the Plaintiff can smoothly promote the agreement.
C. As the Defendant Company failed to achieve the monthly number of 500,000 approvals under the instant contract to the Plaintiff, the Plaintiff was issued a provisional seizure order with the claim amounting to KRW 209,000,000 as the Seoul Southern District Court 2015Kadan20383, Nov. 19, 2015.
On September 25, 2019, the Plaintiff and Defendant Company agreed to repay the amount of debt under the instant contract at KRW 209,000,000,000 on six occasions, including KRW 77,00,000 on September 25, 2019, and KRW 33,000,000 on November 30, 2019. However, even once the repayment plan is violated, the Plaintiff and the Defendant Company jointly and severally guaranteed the said obligation and the Defendant Company paid KRW 77,00,00,00 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant company bears the obligation of KRW 132,00,000 against the plaintiff (=209,000,000 - 77,000,000).