A. On November 22, 2013, the Plaintiff engaging in liquor wholesale business: (a) provided the Defendant and B with equipment, etc. without compensation for a three-year transaction period; (b) lent KRW 20 million without interest; (c) paid in installments each month from June 25, 2015 to June 25, 2015; and (d) provided that the Defendant, etc. jointly and severally agreed to pay to the Plaintiff the amount equivalent to the interest accrued during the contract transaction period at a rate of 20% per annum for the said KRW 20 million if the transaction is discontinued at will during the said transaction period.

B. Around January 29, 2014, the Defendant, etc. arbitrarily terminated the transaction of alcoholic beverages with the Plaintiff.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination

A. According to the above facts of recognition, the defendant is jointly and severally liable with B to pay the penalty to the plaintiff pursuant to the above agreement.

B. The Defendant’s assertion and its determination (i.e., the instant penalty agreement) are invalid under Articles 6(1) and 8 of the Regulation of Standardized Contracts Act by terms and conditions which unfairly lose fairness. (ii) The Defendant agreed to terminate a liquor supply contract without paying a penalty for breach of contract around January 29, 2014, and (iii) the penalty for breach of contract should be reduced because the penalty for breach of contract is unreasonably excessive.

B. The term “terms and conditions”, which are subject to the Act on the Regulation of Terms and Conditions, refers to the terms and conditions of the contract, regardless of their names, forms, or scope, which either party to the contract prepared in advance in order to enter into a contract with several other parties. The Plaintiff, who engages in alcoholic beverage wholesale business, prepared an alcoholic beverage transaction agreement in the same or similar form as the terms and conditions of the contract in this case, to use it to enter into a liquor transaction agreement against