위약금
1. Of the judgment of the court of first instance, KRW 2,00,000 against the Plaintiff and its related thereto from January 16, 2019 to December 20, 2019 against the Defendant.
1. Facts of recognition;
A. On May 23, 2018, the Plaintiff Company entered into an agreement on the supply of alcoholic beverages and loans (hereinafter “instant agreement”) with the Defendant, which provide the Defendant with alcoholic beverages for three years under the trade name “C” and lend KRW 20,000,000,00 as a transaction subsidy, and the Defendant received alcoholic beverages from an enterprise other than the Plaintiff during the transaction period of alcoholic beverage supply for three years (hereinafter “the transaction period of the instant agreement”). In the event that the Defendant received alcoholic beverages from an enterprise other than the Plaintiff, the said loan was immediately returned and the said loan was paid 20% of the said loan as penalty (hereinafter “instant penalty”).
At the time of the above agreement, the main contents of the "Agreement on Loans" and the "Agreement on Loans and Loans for Goods (Transactions)" prepared by the Plaintiff Company and the Defendant are as follows:
The above amount of 20,000,000 won in the loan (loan) agreement shall be borrowed as a subsidy for transaction with A, and the repayment method shall be paid in installments as of the date of each month.
2. The terms of the transaction agreement shall be three years from the date of the agreement, and even if the above loans are to be repaid at once, the agreed period shall not change.
3. If the foregoing installment of a loan is overdue or less than two months, the repayment shall be made in lump sum, and if the loan is received from any other company than the A during the contract transaction period, the said loan shall be repaid in lump sum and the amount equivalent to 20 per cent of the first loan shall be paid as penalty.
Loan and Goods (Trade) Agreement (Trade C, Trade Name B). (4) Unconditioned alcoholic beverages at the time of the operation of the place of business shall be as “A”.
(9) 20 per cent of the initial loan at the time of the violation shall be paid as penalty and the equipment shall be paid as the price of the new product.
The loan amount: The date of the loan of 20 million won (Won 20,000,000): May 23, 2018.