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(영문) 인천지방법원 2018.01.25 2017나61501
대여금
Text

1. Plaintiff 1, among the parts against Defendant A of the judgment of the court of first instance, falls under the amount of additional payment order.

Reasons

1. Basic facts

A. The Plaintiff is a company primarily responsible for the wholesale business of alcoholic beverages, etc., and Defendant A is a person who operates a restaurant in the trade name of “C” (hereinafter “instant restaurant”).

B. On June 18, 2014, the Plaintiff entered into an agreement on the lease of equipment and appliances with Defendant A with a condition that the Plaintiff exclusively supplies alcoholic beverages for five (5) years to the restaurant of the instant case, with the content that the Plaintiff lent ten (4,00,000 won for purchase), one (1,200,000 won for purchase), and two (2) of Pakistan (200,000 won for purchase) to Defendant A, on condition that the Plaintiff exclusively supplies alcoholic beverages to the restaurant of the instant case. The content of the agreement on the lease of equipment and appliances as follows:

Article 6 (Recovery of Equipment) (1) When Defendant A discontinues his/her business, constructs, or rebuilds his/her equipment before the period agreed upon, the Plaintiff shall recover the equipment leased.

Article 7 (Safekeeping and Management) ① Defendant A is the custodian of equipment leased to Defendant A, and the ownership of such equipment is the Plaintiff.

(5) The liability of Defendant A is entirely the responsibility of Defendant A and the compensation therefor shall be borne by the Plaintiff, without the Plaintiff’s permission, for any damage incurred by his neglect other than the place of business of Defendant A.

Article 9 (Dismissal) In the event of a violation of the foregoing provision, Defendant A shall deposit the amount of leased equipment and all indemnity in cash to the Plaintiff within three days.

In order to not make a deposit, we need not raise an objection to any legal measure of the plaintiff's civil or criminal.

C. From June 19, 2014, the Plaintiff and Defendant A commenced an alcoholic beverage supply transaction by setting the overdue interest rate of the liquor price at 30% per annum. The Plaintiff supplied alcoholic beverages equivalent to the total amount of KRW 7,224,90 to the instant restaurant as of April 5, 2016, but did not receive the price.

On the other hand, around April 2016, Defendant A discontinued the restaurant of this case without any notification to the Plaintiff and temporarily temporarily temporarily opened the restaurant.

【Grounds for Recognition】 The descriptions of Class A, 2, 6, and 9, and the purport of the whole pleadings.

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