A. On April 10, 2018, the Plaintiff entered into a contract on the purchase of food materials with the Defendant, who is an individual entrepreneur operating food materials supply business under the trade name D, to be supplied with cafeterias in operation. From April 16, 2018 to December 31, 2018, the Defendant supplied food materials to the cafeterias in the Plaintiff’s head office, and the Plaintiff shall pay KRW 435,153,309 to the Defendant (hereinafter “instant contract”).

The special terms and conditions regarding the payment of penalty for breach of contract of this case (hereinafter “instant penalty agreement”) are as follows.

Article 14 (Penalties, etc.) of the Special Conditions for the Purchase of Food Materials Contract (Evidence 1-2 of A) The term "contractor (Defendant)" shall not arbitrarily waive the contract during the contract period without justifiable reasons.

For unavoidable reasons, the amount equivalent to 10/100 of the contract amount (total of six sectors of contract amount) shall be paid in cash to the "contractor (Plaintiff)" and the participation in the unit price contract of food materials and unit price contract for two years after the port is restricted.

B. On September 4, 2018, the term of the contract at issue, the Defendant issued a verbal notification to the Plaintiff that he/she would waive the supply of food materials, and did not supply the food materials to the Plaintiff on September 5, 2018. As to this, the Plaintiff urged the Defendant to perform the obligation on September 5, 2018, and notified the Defendant that the legal liability for nonperformance, such as the termination of the contract, may be brought about to the Defendant.

C. However, the Defendant failed to perform the contract despite the Plaintiff’s peremptory notice, and the Plaintiff notified the Defendant of the termination of the contract of this case on September 13, 2018, and requested the Defendant to pay the penalty determined at the time of the contract on the 17th of the same month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.