2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. Around July 2014, the Plaintiff operating a liquor wholesale business: (a) supplied a beverage including alcoholic beverages to the Defendant for a trading period of 36 months; (b) lent KRW 20 million without interest; (c) paid KRW 27.5 million, including the Defendant’s existing debt of KRW 7.5 million to the Plaintiff, each month from August 2014 to June 2015; and (d) paid KRW 2.2 million on July 2015; and (e) agreed to pay the Plaintiff a penalty in penalty equivalent to 20% of the loan if the Defendant voluntarily suspends transactions within the said trading period.

B. Around January 2015, the Defendant arbitrarily terminated the transaction, such as alcoholic beverages, with the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the penalty to the plaintiff pursuant to the above agreement.

B. On the Defendant’s argument, (1) the Defendant asserts that (1) the agreement of penalty of this case is null and void by unfair terms and conditions, and (2) even if the agreement is valid by domestic affairs, the Defendant suspended transactions due to the Plaintiff’s cause attributable to the Plaintiff

(2) On the other hand, “Terms and Conditions” subject to the Act refers to the terms and conditions of a contract, regardless of its name, form, or scope, which one party to the contract prepared in advance to enter into a contract with several other parties. Since the Plaintiff, who engages in a liquor wholesale business, prepared an alcoholic beverage transaction agreement in the form of the same or similar to the terms and conditions of the instant contract to use it to enter into an alcoholic beverage transaction agreement with a large number of restaurant operators, and accordingly, entered into an alcoholic beverage transaction agreement, the instant penalty agreement seems to fall under “terms and conditions” as stipulated in Article 2 subparag. 1 of the Act

, however, the facts of recognition and the foregoing.