beta
(영문) 서울남부지방법원 2018.10.19 2017나65485

위약금청구

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 10, 2016, the Plaintiff, as a liquor supplier, entered into a liquor transaction agreement with the Defendant, which operates a trade name, “B” and entered into an alcoholic beverage transaction agreement with the Defendant, subject to monopoly supply for three years (hereinafter “instant contract”).

The Plaintiff and the Defendant enter into this contract as a buyer.

Article 2 (1) Contract term is 36 months from the date the contract is concluded with the Plaintiff and the Defendant until March 10, 2019.

(2) The contract is automatically extended every 12 months, if both parties do not intend to terminate the contract one month prior to the expiration of the contract.

Article 3 (1) The Plaintiff shall supply the goods to the loading yard in the order of the alcoholic beverages handled by the Defendant.

(2) The defendant shall place an order to the plaintiff one week prior to the goods, and the multiple transactions are excluded in principle.

Article 4 The plaintiff shall assist in the transaction with the defendant as follows:

The defendant shall repay the details of support provided by the plaintiff under Article 5 of the cash of KRW 20 million as follows:

The amount of a transaction loan shall be repaid on the 11th day of each month in the amount of KRW 2 million every ten months.

(from April 11, 2016 to January 11, 2017) Article 6: In violation of Article 5, the defendant shall calculate penalty by the following methods and pay the penalty in cash to the plaintiff at the time of termination of the transaction:

(A) Upon the termination of a transaction within one year from the date of the loan, 30% of the first loan (B) the first loan at the time of termination of the transaction within one year from the date of the loan, and 20% of the first loan at the time of termination of the transaction within one year from the date of the loan (1) the Plaintiff may terminate the contract with the Defendant if the Defendant violates the above contract terms. In this case, the Defendant shall immediately pay the Plaintiff all obligations, including penalty

(2) The loan equipment shall be repaid at the price purchased by the Plaintiff at the time of lending to the Defendant.