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(영문) 광주지방법원 2016.02.23 2015가단50793
보증금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate from June 4, 2015 to the day of full payment.

Reasons

1. Following the facts of recognition may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 7.

On June 4, 2015, the Plaintiff entered into a contract for the supply of food materials with Defendant A who intends to operate a oriental medical hospital on June 4, 2015, and the Plaintiff paid 50,000,000 won to Defendant A as security deposit and granted Defendant A the right to supply food materials to the Plaintiff.

On the same day, the Plaintiff paid the above KRW 50,000,000 to Defendant A.

B. On September 24, 2015, Defendant A promised to pay the Plaintiff interest calculated at the rate of 1.3% per month from June 4, 2015 to the day of full payment, as the Plaintiff’s members of oriental medical hospitals were delayed and the Plaintiff failed to supply food materials.

Defendant B guaranteed the Plaintiff’s above debt on the same day.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50,00,000 and interest calculated at the rate of 15.6% per annum from June 4, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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