A. 1) On April 14, 2014, the Plaintiff, who runs a wholesale business of alcoholic beverages, concluded a liquor supply contract between the Defendant and the Defendant, who operates an entertainment drinking club called “B” for a period of 36 months, and leased KRW 20 million as a subsidy for alcoholic beverage transactions to the Defendant in installments and on non-interest terms (hereinafter “instant loan”).

) If the Defendant breached the contract, the Defendant agreed to pay the amount equivalent to 25% of the subsidies for alcoholic beverage transactions as penalty to the Plaintiff (hereinafter “instant agreement”).

(2) In relation to the foregoing, the Defendant issued a promissory note worth KRW 20 million to the Plaintiff on the same day, and in relation to the said promissory note, the said promissory note No. 490, 2014 (hereinafter “No. 490,”) prepared and issued the notarial deed of this case on the same day.

3) Since then, the Defendant did not pay the instant loan, the Plaintiff executed the instant loan upon issuance of the order of seizure and collection (the District Court Decision 2015TTTT 2015TT 638), which issued on January 26, 2015 on the basis of the instant notarial deed with executory power, with the Defendant’s claim as the debtor, and the KNN Card as the third debtor. [The facts without any grounds for recognition, the entries in Gap 1 through 3, 5, and 7, and the purport of the entire pleadings

B. According to the above facts of recognition, since the defendant violated the agreement of this case by delaying the payment of the loan of this case, it is obligated to pay the plaintiff penalty of 5 million won (the amount equivalent to 25% of the loan of 20 million won) and the delayed damage in accordance with the agreement of this case.

However, the agreement of this case is that the plaintiff lent money without interest to the defendant to ensure the stable supply of alcoholic beverages during the agreed period, and the contract for the penalty for violation is presumed to be liquidated damages, and where the estimated amount of compensation for damages is unreasonably excessive, the court may reduce it to a reasonable extent.