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(영문) 춘천지방법원 2015.04.22 2014가단30523
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts following the facts are either in dispute between the parties or in Gap evidence Nos. 1 through 6 (except for the part following the defendant A's name among evidence Nos. 1, 6, and 7). The whole purport of the pleadings can be acknowledged.

(1) On March 29, 2012, the Plaintiff drafted an agreement on credit transactions with the following agricultural products under the name of the Defendant A, the wife of E, who works for the CF (Representative D; hereinafter “instant agricultural partnership”) in the primary debtor column, as the wife of E, who was working for the CF (Representative D; hereinafter “instant agricultural partnership”).

(2) Defendant B, who is an employee of the Korea Infrastructure Corporation in the partnership relationship with the instant farming association corporation, was jointly and severally guaranteed for Defendant A.

(3) The instant agreement’s content A) The credit transaction limit for Defendant A: 48 million won (Article 6) settlement (Article 6) (1) settlement of accounts (Article 8.5% per annum from the 30-day interest-free credit period to the 30-day credit period) settlement.

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

C) A tallying (Article 5) (1) The Plaintiff shall deliver the goods ordered by the Defendant to the designated place. (2) When the Plaintiff delivered the goods, the Plaintiff shall submit a statement of transaction and obtain a letter of receipt of goods from the tally designated by the Defendant. (2) The document of acceptance of foreign farming materials (Evidence A) that Defendant A acquired the virtue equivalent to KRW 47,987,70 as of March 30, 2012. (c) The document of confirmation of the existence of the obligation under the instant agreement as of August 19, 2012 (Evidence A) is prepared. As of November 20, 2013, the debt certificate (Evidence A No. 7) is prepared that Defendant A has a debt under the instant agreement. As of the date of November 20, 2013, the principal and interest under the instant agreement was 56,385,546 won (i.e., the principal and interest of credit transaction, KRW 47,700,374,64.65.

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