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Reasons
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(영문) 인천지방법원 2019.07.04 2019가단208969
대여금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 39,311,959.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

. The balance (such as loans, liquor payments and equipment support payments) must be paid in cash;

2. Where the defendant C fails to pay the amount in arrears or fails to repay the prescribed amount at any time under the proviso of Article 4 (1), if the termination of the contract has become the cause under the subparagraphs of Article 7 (Penalty and Compensation for Damages) (6), the following penalty and compensation for damages shall be paid:

1. When transactions are closed within one year: 25 percent of the first loan;

B. Under the instant contract, the Plaintiff lent KRW 30,00,000 to Defendant C on July 5, 2018 (hereinafter “instant loan”), and supplied alcoholic beverages to entertainment taverns operated by Defendant C during the first order from July 5, 2018 to November 5, 2018.

C. Defendant C lost the benefit of time by repaying only KRW 3,00,000,000 on October 1, 2018, the repayment date under the instant contract, and the Plaintiff terminated the instant contract.

The sum of the goods prices that Defendant C did not pay to the Plaintiff is KRW 2,241,00.

E. On December 18, 2018, ASEAN, which operated an entertainment drinking club with Defendant C, drafted a statement of non-payment with the purport to repay KRW 39,311,959 to the Plaintiff by December 24, 2018.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally have the obligation to pay the Plaintiff the unpaid amount of KRW 27,00,000 (=30,000 - 3,000 - 3,000,000) out of the instant loans and the interest on the instant loans from July 5, 2018 to December 17, 2018 (see attached Form 2,570,959 (see calculation of the principal and interest on non-payment) sought by the Plaintiff as to the instant loans, and ② the penalty of KRW 7,50,000 under Article 7(1) of the instant contract (=30,000), KRW 30,000,000), ③ the unpaid amount of KRW 2,241,00,000, KRW 39,311,959,000, KRW 20,005,0057).

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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