약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts can be acknowledged according to Gap evidence 1 to 4, Eul evidence 5, and Eul witness's testimony.
On January 20, 2014, the Plaintiff, in the name of “D”, engaged in the wholesale and retail of the breed products, concluded a promise containing the following intent (hereinafter “instant undertaking”) for the continuous transaction of the products with the Defendant.
Based on the address of the plaintiff's place of business under paragraph (3), the defendant shall be supplied with tasks only from the plaintiff within a radius of 30 kilometers.
Where the defendant violates paragraph (3), he/she shall pay 10 million won as the estimated amount of damages to the plaintiff.
Paragraph 6 of this Article, where the Defendant completes the deposit of the supplied product from the Samd Food Co., Ltd. (hereinafter referred to as “Trid Food”), the Plaintiff shall pay 10% of the deposit amount to the Defendant as a bounty, but if the policy of Samd Food is modified, it may be modified.
Provided, That where the defendant violates paragraph (3), the plaintiff may request the defendant to return the incentives paid for 12 months.
B. According to the instant undertaking, the Defendant received the product from the Plaintiff and received the incentive calculated at 10% of the deposit amount as follows. Around March 2015, the Defendant received a notice of the receipt of the incentive calculated at 7% of the deposit amount, and thereafter, received the product from a seller other than the Plaintiff.
(2) On May 3, 2014, 203, 903, 212,732 E, and 804, 272 E, 28,500 E, July 2, 2014, 196,363 E, 2,891 F. 2,895, 195, 745 E, 75,356 F. 7, 356, 195, 205, 363, 205, 197, 195, 195, 195, 195, 205, 205, 36, 205, 19, 36, 19, 363, 19, 636, 384, 205, 36, 205, 36, 36, 2014, 363, 363, 36, 36, 36, 3