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(영문) 서울동부지방법원 2018.01.25 2017가합105287
대여금 등
Text

1. The Defendant is jointly and severally with the Plaintiff as to KRW 130,411,894 as well as the Plaintiff from June 14, 2017 to January 25, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the electronic commerce transaction, shopping mall business, consumer goods leasing business, etc., and the Defendant is a representative director of a company B (hereinafter “foreign company”) engaged in the manufacturing and research and development business of electrical and electronic equipment, sirens, repair business, etc.

B. On June 21, 2016, the Plaintiff and the non-party company supplied the Plaintiff with food treatment equipment (a model name: C; hereinafter “instant product”) and the Plaintiff entered into a contract for the supply of goods with the content that the non-party company sells a siren to a third party and pays the price for the goods (hereinafter “instant contract”).

According to Article 5 of the contract of this case, the non-party company is obligated to provide the following services, such as repair, exchange of products, etc. in the event of any defect in the product of this case.

C. On March 2, 2017, the Plaintiff: (a) lent to Nonparty Company 30 million won with the product production fund at 5% interest rate per annum; and (b) at 15% per annum.

The non-party company decided to pay the above loan in installments nine times from March 28, 2017 to June 28, 2017, and at the time, the defendant guaranteed the above debt of the non-party company.

At the time of the above loan for consumption, the non-party company agreed to run home shopping broadcasts for the product of this case at least four times in total in April and May of 2017, and to lose the benefit of time for the loan when the non-party company fails to perform the broadcasts.

However, the non-party company did not proceed with the above home shopping broadcasting.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 9, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is jointly and severally with the non-party company and the remaining loan 249,795,438 won (=300,000,000 - 50,204,562 won) calculated by deducting 50,204,562 won from the price of the goods of the non-party company, the plaintiff was offset against the plaintiff as of April 28, 2017, barring any special circumstances.

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