Lawyer Lim Young-taek (neulpum of the law firm), who served as Jeong Joon-ha's legal representative, told YTN today (2nd), "It's not because Jeong Joon-ha failed to pay back the payment, but he went to the auction due to unreasonable claims for delayed damages," adding, "We filed an objection to the compulsory auction request and applied for a suspension of the compulsory execution." Lawyer Lim
said, "There is a practice in which liquor suppliers lend money interest-free to clients. As a result, in November 2018, Jung Joon-ha, who was about to drop off his second restaurant in operation, borrowed 200 million won from liquor distributor Taekyung for 40 months of interest-free. In this regard, we have completed notarization," he explained.
Jung Joon-ha paid back 5 million won per month for two years from January 2019, which he promised. However, from 2021 to 2023, when operations became difficult due to COVID-19, the company asked for a moratorium, and the store was closed for 25 months by a de facto agreement. After that, the grace period ended and the full amount was paid back at the end of June 2024. Lawyer Lim
said, "I paid back 200 million won in full and notified him, and the auction came a few days later. Jeong Jun-ha was surprised and went to the court and looked at the auction application documents, and set the delayed damages at 24% per year on the fair certificate. We carried this out without informing Jung Joon-ha," he claimed.
He said, "If Jung Joon-ha knew that there was 24% of delayed damages, he would have paid it right away or rather borrowed it from a bank. There's no way I'll leave it for five years. Accordingly, on November 29, a petition was filed to cancel the auction. In addition, we have separately applied for a decision to suspend compulsory execution and will be suspended this week," he said.
"Because there was no agreement, it is now legally and theoretically invalid. However, since an enforcement document called a notarial deed was made, if we fail to prove that there was no agreement, we may not be able to achieve our purpose," he said. "However, according to Article 398 of the Civil Code, delayed damages are a kind of penalty." If the penalty is excessive, it is supposed to be drastically reduced. We expect a reduction of at least 50% and up to 70%," he predicted.
"We can give what was auctioned with delayed damages now, but we can't give it because it's unfair," he said. "I borrowed 200 million won, but it doesn't make sense to give 230 million won." If the court decides to reduce the amount, Jung Jun-ha said, "I intend to pay it back in that way."
Jung Joon-ha also said in a phone call with YTN, "I've done business with that liquor company for seven years. I said I should stop trading for a while because I paid off all the money I borrowed and I also had to sell the restaurant. When I ran a sashimi restaurant, there was another trading company, so I said I would have to do business with you for two or three months, but I suddenly held a ridiculous auction because it was disgusting," he said.
He said, "The company is now asking for a settlement of 180 million won. If I knew there was a delay in damages, I would have paid it back right away. "I wouldn't have given it because I didn't have money," he said, adding, "I didn't use bonds or loan payments, but I couldn't respond to such unfair demands, so I filed a lawsuit."
It was reported that Taekyung, a liquor retailer, sold Jung Joon-ha's apartment (152 square meters) in central Heights Village in Samseong-dong, Gangnam-gu, Seoul, at an auction on the same day, saying that he had not received 232.93 million won.
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