beta
(영문) 서울북부지방법원 2015.11.17 2015나1251

손해배상

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff has supplied liquor to the Defendant from around 2007, and on December 8, 201, between the Defendant and the Defendant, the Defendant entered into an agreement with the effect that “the Plaintiff shall pay KRW 360,000,000 to the Defendant with the transaction deposit, but the Defendant shall purchase and sell only alcoholic beverages supplied by the Plaintiff for the minimum period of 36 months, and shall compensate the Defendant for the double amount of the transaction deposit received from the Plaintiff if the transaction is discontinued without any change with the Plaintiff before the expiration of the said period.” At that time, the Plaintiff paid KRW 360,00 to the Defendant the above transaction deposit. After concluding the agreement with the Defendant, the Defendant entered into an agreement with the said content as above, and made the agreement with the Defendant as the transaction deposit, and made the agreement with the Defendant on July 396, 2012, and on February 18, 201

7. 22., February 10, 2014 and the same year;

6. 28. Each 445,200 won was paid.

B. In addition, on December 10, 2013, the Plaintiff entered into an agreement with the Defendant to provide equipment and materials stating that “the Plaintiff shall support the Defendant to purchase and sell alcoholic beverages supplied by the Plaintiff for 36 months, and shall return in cash the equipment and materials, such as the air conditioners, etc. provided by the Plaintiff if the Plaintiff ceases transactions without doubt before the expiration of the above period,” and around that time, support the Defendant’s total sum of KRW 3,780,000, total sum of 20,000, for freezing, freezing, ice 1, ice 20,000.

C. The Plaintiff supplied alcoholic beverages to the Defendant pursuant to the foregoing agreement. Around August 2014, the Defendant, without the Plaintiff, provided alcoholic beverages to another alcoholic beverage company on condition of equipment support, etc., and suspended the transaction of alcoholic beverages with the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the plaintiff's cause of claim, the defendant voluntarily suspended the transaction of alcoholic beverages with the plaintiff prior to the expiration of the period of each of the above agreements, barring special circumstances.