(영문) 춘천지방법원 2015.04.22 2013가단15176

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(영문) 춘천지방법원 2015.04.22 2013가단15176

대여금등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found in each entry in Gap evidence 1 to 10, and 12 (including paper numbers), either in dispute between the parties, or in full view of the purport of the entire pleadings.

(1) The Plaintiff entered into a contract cultivation agreement with the Defendant on July 18, 201, and paid to the Defendant KRW 78 million as an advance for shipment (hereinafter “Advance payment”).

(2) On August 2, 2011, the Plaintiff entered into a non-contract cultivation agreement with E, who is an employee of the CF (Representative D; hereinafter “instant farming association”) and paid KRW 52.8 million in advance to E.

(3) The Defendant and E’s remaining obligation to return advance payment was KRW 48 million as of March 28, 2012.

B. (1) On March 28, 2012, the Plaintiff entered into an agreement on credit transaction with the Defendant on the following agricultural products, and E jointly and severally guaranteed the Defendant.

(A) The limit of credit transaction amount to the defendant (hereinafter referred to as "the first agreement of this case") : 48 million won (Article 6) settlement (Article 6) 1. The settlement shall be made by adding 8.5% per annum to the period of credit settlement after the lapse of 30 days from the 30-day period of interest-free credit.

(2) The 15% overdue interest per annum shall be adjusted equally from the day following the credit date to the day of settlement.

C) The agreed period: Not later than March 27, 2013, the inspection (Article 5) ① The Plaintiff must deliver the goods ordered by the Defendant to the designated place.

(2) When a plaintiff delivers goods, he/she shall submit a transaction statement and receive a receipt of goods from an inspector designated by the defendant.

(2) On March 28, 2012, the Plaintiff is governed by Article 1-1 (E).

B. The same content as Paragraph (1) was entered into with the credit transaction agreement, and the Defendant jointly guaranteed the credit for E.

hereinafter referred to as "the case."

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