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(영문) 서울서부지방법원 2020.11.18 2019가합951
대여금
Text

Plaintiff

A. Defendant B cooperative’s amount of KRW 500,000,000 and its amount shall be from December 29, 2018 to August 12, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that aims to manufacture, store, charge, or sell liquefied petroleum gas; Defendant B cooperative (hereinafter “Defendant B cooperative”) is a cooperative established on February 17, 2015 to conduct a taxi business; Defendant C is a person who was the chief director of the Defendant Union; Defendant C is the leakage of Defendant C; Defendant D is the spouse of the deceased H (hereinafter “the deceased”) and Defendant E, F, and G are the deceased’s children.

B. On December 29, 2015, the Plaintiff entered into a contract for supply of LPG and loan, and a monetary loan agreement with the Defendant Cooperatives. The main contents are as follows.

Article 1 [Period of Contract] The Defendant Union shall charge the Plaintiff with the full amount of LPG fuels from the date of conclusion of the contract.

Article 5 [Loan] The Plaintiff shall provide the Defendant Cooperative with operating funds of KRW 500 million on December 29, 2015, but the Defendant Cooperative shall reimburse the Defendant Cooperative up to December 201.

Article 7 [Guarantee] Joint and Several suretiess of the Defendant Union shall jointly and severally guarantee all the obligations owed to the Plaintiff of the Defendant Union.

Article 9 [Succession] This Agreement shall also be binding and effective even to the successors, executors, administrators, successors and assignees of the Parties.

[Purpose] Article 1 [Purpose] The Plaintiff, on December 29, 2015, lent KRW 00 billion to the Defendant Cooperative, and the Defendant Cooperative shall borrow it.

Article 2 (Period and Method of Repayment) The term of repayment for borrowed money shall be until December 28, 2018.

Article 6 (Joint Guarantee) (2) The maximum amount of the surety guaranteed by joint and several sureties shall be KRW 600,000.

(3) The guarantee period of a joint and several sureties shall be three years from the date this contract is concluded.

Provided, That the guarantee period may be renewed by an agreement between the parties.

C. On December 29, 2015, the Plaintiff paid KRW 500,000,000 to the Defendant Union.

At the time of the above contract, Defendant C as the president of the Defendant Union, jointly and severally guaranteed the obligation of borrowing funds to the Plaintiff of the Defendant Union.

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