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(영문) 인천지방법원부천지원 2016.11.18 2016가단108481
대여금 등
Text

1. Defendants are jointly and severally liable for KRW 1,100,50 and the Defendants A with respect thereto from July 2, 2016, and Defendant B from July 30, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company primarily engaged in the liquor wholesale business, and C is a person who has engaged in food and beverage business in the name of “E” at the Won-gu, Busan Metropolitan City D and the second floor.

B. On January 2014, the Plaintiff entered into a contract with C with the following terms:

(hereinafter “instant contract”). Defendant B jointly and severally guaranteed the obligation to be borne by C for the Plaintiff under the instant contract.

1) The Plaintiff shall lend 60,000,000 won to C with the working capital at the workplace on the equal monthly basis, and C shall lose the benefit within the time limit if C fails to pay the loan in arrears or pay the liquor immediately once without the Plaintiff’s consent. C shall pay 25% interest per annum from the date of delay to the date of full payment if C delays the repayment of loan after the loss of the time limit, and C shall pay 30% interest per annum from the date of delay to the date of full payment.

3) An appropriation for performance shall first be made for the obligation for the purchase of goods, and then appropriated for the obligation for the loan, and when the entire obligation for the loan is insufficient, expenses, interest, delay damages, and principal shall be appropriated in the order of principal. (c) On January 24, 2014, the Plaintiff paid KRW 59,069,840 in total, including KRW 18,904,000, and KRW 19,776,000 on June 24, 2014, and KRW 20,069,840 on June 30, 2014, and KRW 59,069,840 on June 24, 2014. Meanwhile, on June 24, 2014, the Plaintiff loaned KRW 60,000,000 to C without interest and KRW 25,000 on July 25, 2014, by adding the Defendants’ joint and several surety loan to C’s notarial deed agreement.

E. C. June 2014

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