A. The Plaintiff is a corporation established with the main business purpose of alcoholic beverage and beverage wholesale, and the Defendant operates a restaurant with the trade name of “C” in Gangnam-gu Seoul Metropolitan Government.

B. On November 26, 2013, the Plaintiff supplied alcoholic beverages to the Defendant, and lent 100 million won for driving capital to the Defendant. On that condition, the Defendant provided exclusive alcoholic beverages only from the Plaintiff for 36 months from the date of conclusion of the contract, and did not receive any exclusive supply from the Plaintiff, other alcoholic beverage wholesale markets, straw stores, and others. If the Defendant discontinued the order of alcoholic beverage goods on the ground that the Defendant repaid the total amount of loans before the expiration of the contract period, the Defendant entered into a liquor supply contract with the purport of paying 30/100 of the initial loan to the Plaintiff in lump sum as penalty (hereinafter “instant agreement”).

C. Accordingly, on December 26, 2013, the Plaintiff loaned 100 million won working capital to the Defendant on the condition that 4.2 million won was repaid in installments for 24 months.

However, from June 2014, the Defendant suspended the transaction of alcoholic beverages with the Plaintiff and received alcoholic beverages from other companies than the Plaintiff from the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the defendant entered into the agreement in this case with the purport to exclusively be supplied with alcoholic beverages only from the plaintiff for a period of 36 months from the date of conclusion of the contract, and received a loan of KRW 100 million from the plaintiff, in violation of the agreement in this case, he was supplied with alcoholic beverages from an enterprise other than the plaintiff within the above period. Thus, the defendant is obligated to pay the plaintiff a penalty of KRW 30 million (the amount equivalent to 30/100 of the loan 100 million) and damages for delay, barring special circumstances.

3. The defendant's assertion and the defendant's assertion.