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(영문) 서울남부지방법원 2019.02.15 2017나64574

위약금

Text

1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the amount ordered to be paid below.

Reasons

1. As a result of examining the plaintiff's grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the court's explanation of this case is as follows: (a) the part concerning "decision on the principal lawsuit" from 7th to 20th 15th 20th 20 of the judgment of the court of first instance shall be applied to the following 2th Na; and (b) the part concerning "the decision on the principal lawsuit" in the main sentence of Article 420 of the Civil Procedure Act shall be added to the plaintiff's argument that the plaintiff newly raised a counterclaim as the grounds for appeal 2th Na; and (c) the part concerning "the decision on the principal lawsuit" in the 8th 8th 8th to 10th 3th 10 of the judgment of the court of first instance shall be

2. Parts to be dried;

A. (1) Regarding the judgment on the principal lawsuit, the Plaintiff and the Defendant: (a) examined the occurrence of the obligation to pay penalty; and (b) adjusted the previous case on September 8, 2016, the Defendant shall pay to the Plaintiff a penalty calculated at the rate of KRW 5 million per month during the suspension period due to the Defendant’s simple and variable (from September 19, 2016 to September 30, 2021) during the contract period (from September 19, 2016 to September 30, 2021); and (c) the Defendant may notify the Plaintiff of the above fact in writing and suspend the supply of goods if the Plaintiff delays the transaction from October 4, 2016, on the ground that the Defendant did not dispatch the goods to the Red Agency (hereinafter “C”) from October 19, 2014 to 16 to 200 times the Plaintiff’s sales of the goods pursuant to the order (hereinafter “C”) and the Defendant did not sell the goods to the Plaintiff’s Red Agency (hereinafter “C”) from October 26, 16, 2016, 296.

Therefore, the defendant's discontinuance of transaction as above is the cause of penalty, such as the payment delay.