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(영문) 수원지방법원 2020.07.16 2019나8525

위약금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person wholesaleing general liquor, etc., and the Defendant is a person who operates a store with the trade name, “D woodly store” from Yangcheon-gu Seoul Metropolitan Government C and the second floor.

B. On February 24, 2017, the Plaintiff entered into a liquor transaction contract with the content that the Plaintiff would supply the Defendant to the loading yard (hereinafter “instant contract”) upon receiving an order of alcoholic beverages handled by the Defendant, and the contract period begins on the date when the contract was entered into, and up to 30 months from the date when the repayment of interest-free loans is completed.

C. The main contents of the instant contract are as follows.

Article 4 (Details of Support and Method of Repayment) The Plaintiff shall support the Defendant with interest-free capital of KRW 80,000 (hereinafter referred to as “instant loan”) and the Defendant shall pay the amount subsidized in installments over 20 times each month from April 15, 2017 to November 15, 2018.

In addition, even once the promised repayment date is not paid, the defendant shall lose the remainder of the due date, and shall immediately repay the full amount of the loan including the principal and interest, and the plaintiff may proceed with all legal measures.

In addition, this loan is not a re-loan as a start-up loan.

Article 6 (Cancellation of Contracts and Arrears) If the defendant violates Articles 1 through 5 above, the plaintiff may notify the defendant of the termination of the contract. In this case, the defendant shall immediately pay to the plaintiff all obligations, including the balance of the loan, the price of the goods, and the penalty, in cash.

In the event of failure to comply with this, 20% overdue charge shall be borne per annum from the date of notification of termination of the contract.

Article 7 (Methods of Penalty and Calculation) The defendant shall calculate the penalty in any of the following manner and pay it to the plaintiff at the time of termination of transaction by violating the contract provisions under Articles 1 through 5:

1) When a transaction is terminated within one year from the date of loan, penalty of 30% of the initial loan must be paid, and 2) when a transaction is terminated after one year from the date of loan.