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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company selling alcoholic beverages, etc., and B is a summary of "C"
It is a person who operates the main points (hereinafter referred to as “instant main points”).
On November 3, 2010, the Plaintiff entered into a transaction agreement with B to supply alcoholic beverages, etc. (hereinafter “instant transaction agreement”). The Defendant guaranteed the instant transaction agreement, and the main contents of the instant transaction agreement are as follows.
The plaintiff B: The purpose of Article 1 (Purpose of Contract) is to provide only the products of the plaintiff A in accordance with the principle of good faith and to set specific rights and duties of each party.
Article 3 (Payment of Price for Goods) B shall, in principle, pay in cash (the alcoholic card) immediately after being supplied with the goods from A, and if a credit credit card occurs, B shall immediately pay the price for the goods at the request of a credit card.
In addition, if there is a balance of credit credit between B and B at the time of the close of transactions with B, A must pay the credit credit at the same time as B requested. If B does not pay the credit, A may not raise any objection even by taking any civil or criminal measures.
Article 4 (Deposit Money for Public Containers) A, while supplying products to B, shall lend free of charge P-BOX and C-BX, CO2, and vacant disease; and B shall return the official equipment to B at the time of termination of the transaction. If the official equipment is lost, B shall pay in cash.
B. Meanwhile, on the other hand, the Plaintiff concluded a monetary loan agreement with the Defendant to lend KRW 50 million to the Defendant jointly and severally liable on the date of the conclusion of the instant transaction agreement (hereinafter “instant monetary loan agreement”) and to pay KRW 2.5 million in installments from December 20, 2010 to July 20, 2012.
C. The Plaintiff is KRW 30 million on November 5, 2010 under the said monetary loan agreement, and KRW 20 million on November 25, 201.