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(영문) 서울서부지방법원 2015.07.16 2014가합7940

위약금

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 6% from October 10, 2014 to July 16, 2015.

Reasons

1. Basic facts

A. The plaintiff is a company that delivers alcoholic beverages to the restaurant and the main store, and the defendant is a person who operates a mutual wedding hall called "B".

B. On June 11, 2012, the Plaintiff entered into an agreement with the Defendant and lent KRW 40,000,000 in the name of the transaction support fund to the Defendant (hereinafter “instant agreement”).

In concluding an agreement on the use of alcoholic beverages with the Plaintiff, the Defendant shall pay the total principal in 40,000,000 won from January 2013 to August 2014 in installments, respectively.

(1) It is promised to pay to the Plaintiff, as penalty, 25% interest per annum on the total amount of penalty and alcoholic beverage transaction subsidies equivalent to 30% of the average sales of a business establishment, in the event that alcoholic beverages are arbitrarily changed within five years or violate an agreement for customers within five years.

(2) When the repayment of principal and the price of goods is overdue for at least one month, no objection shall be raised even if all of the loans and the price of goods are requested, compulsory execution or auction.

C. From January 2013 to August 4, 2014, the Defendant paid a total of KRW 40,000,000 as the principal of the transaction support fund to the Plaintiff and repaid all transaction support funds.

From September 2014, the Defendant did not order the Plaintiff to provide alcoholic beverages necessary for the operation of a wedding hall, and received alcoholic beverages from a third party upon ordering the supply of alcoholic beverages.

E. Pursuant to the instant agreement, the monthly sales of alcoholic beverages supplied by the Plaintiff to the Defendant for a period of 27 months from June 2012 to August 2014 are as indicated in the attached Table of Monthly Sales. The sum is KRW 193,525,90; the average monthly sales amount is KRW 7,167,625 (=193,525,900).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the claim for penalty

A. According to the facts acknowledged in the above 1.1 above, the defendant is liable for a judgment as to the cause of the claim.