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(영문) 의정부지방법원 2014.11.05 2014가합3136

약정금

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1. The Defendant’s KRW 50 million to the Plaintiff and the Plaintiff’s 5% per annum from December 4, 2012 to May 8, 2014.

Reasons

1. Facts of recognition;

A. On October 5, 201, the Plaintiff is a company that runs a water-supply manufacturing business, a water-supply wholesale business, and a water-supply distribution business, and the Busan F&C Co., Ltd. (hereinafter “Ocheon F&C costs”) commenced rehabilitation procedures with the Government District Court 201Mo21 decided October 5, 201 as the company that manufactures and sells drinking water, and manufactures and sells drinking water. The Defendant was appointed as a custodian.

B. On October 30, 2009, the Plaintiff concluded a supply agreement as follows (hereinafter “instant supply agreement”).

As of 18.5L (endend), Busan F&W agreed to provide the Plaintiff with an average of 50,000 won per month over 20 months in 20 months: Provided, That this agreement is null and void when the Plaintiff wishes to obtain a manufacturing license as agreed with the Plaintiff, Inc. in the new documents of Gyeonggi-gun, Gyeonggi-do, Inc. in accordance with the agreement with the Plaintiff, and the 18.5L terminal is a total price (50 won base) regardless of beverages or raw water, and if the agreement is breached, damages shall be paid by converting it into money.

1. Water quality improvement charges, caps and value-added taxes shall be borne by Plaintiff.

2. In principle, it shall be supplied from the date of commencing the manufacture of drinking spring water by Busan F&W;

C. Although Busan F&W obtained permission for the development of spring water from the Gyeonggi-do Governor on June 13, 2012, and manufactured drinking spring water from December 4, 2012, it did not supply the Plaintiff with drinking spring water.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the determination on the cause of the claim, in accordance with the instant supply agreement, Busan F&W is obligated to supply the Plaintiff with drinking spring water for a total of 1 million won from December 4, 2012 to 20 months, which was the starting date of manufacturing spring water pursuant to the instant supply agreement, but did not supply it in violation of the said agreement. Thus, the Defendant did not compensate for the damages under the instant supply agreement.