위약금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On August 18, 2014, the Plaintiff entered into an unfair trading contract with E, the representative of C religious organization D (hereinafter “E”), but around September 18, 2014, entered into a contract with the Plaintiff as above (hereinafter “instant unfair trading contract”).
B. According to the relevant non-transaction contract, the Plaintiff is obliged to establish and operate a teacher in the name of C religious organization D in person or on consignment with the whole country. On the other hand, the Plaintiff is obliged to supply a fluor who is required to re-influorate or build a house in the name of C religious organization D, and to supply a fluor who is required for training or construction.
C. On September 12, 2014, the Plaintiff entered into a contract with the Defendant for the Non-Korean Teachers’ Compensation Contract (hereinafter “instant Non-Korean Contract”). According to that, the Defendant: (a) decided that “a lump-sum teacher in the name of C religious organization D is established and operated directly or by entrustment to the nation; (b) was engaged in non-business activities necessary for re-influence or construction in the name of a Korean teacher, such as Domination, plaque, flag, and pelto; and (c) was able to increase the number of Buddhist goods handled or verified by the Plaintiff only for the non-foreign goods handled or verified.
In addition, according to the contract of default, if the defendant fails to fulfill the terms of the above contract, the contract is terminated, and the defendant is obliged to pay the plaintiff a penalty of KRW 200 million.
[Based on recognition] Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 5 and 6, Eul's witness E's testimony, the purport of the whole pleadings
2. The Plaintiff asserted by the parties that the Defendant paid monthly shares of the plaques, statues, etc. that the Defendant sold to the Plaintiff each month in accordance with the instant unfair trade contract, and also paid KRW 140,000,000,000,000,000,000,000,000,000,000 won per piece of the shortage.