beta
(영문) 서울중앙지방법원 2020.10.20 2019가단5305161

약정금

Text

1. The Plaintiff:

A. C Co., Ltd., which is the taking over of the lawsuit of Defendant B Co., Ltd., shall be KRW 5,329,400 and its corresponding amount. < Amended by Presidential Decree No. 24890, Nov

Reasons

Basic Facts

The Plaintiff is a company that operates the liquor wholesale business, etc., and B Co., Ltd. (hereinafter referred to as “B”), Defendant D Limited Liability Company (hereinafter referred to as “D”) and Defendant C Co., Ltd. (hereinafter referred to as “C”) are companies that operate the wedding business, etc.

B A. On January 2, 2020, while the instant lawsuit is pending, Defendant C taken over the instant lawsuit by absorbing and dissolved to Defendant C.

From July 2018 to October 2019, the Plaintiff supplied four business places in B (B luminous book stores, B distribution stores, B diving stores, B hill stores), Defendant D’s one business place (B public morals stores), Defendant C’s two business places (E and F), and provided equipment related to alcoholic beverages, such as shock cases and air conditioners.

[Grounds for recognition] Facts without dispute, Gap 1-7, 15-22 certificates (including virtual numbers; hereinafter the same shall apply) and the part of the claim for the purport of the entire pleadings concerning alcoholic beverage price is asserted that the plaintiff supplied alcoholic beverages to the defendants from July 2018 to October 2019 as listed below and was not paid. The defendants acknowledged the plaintiff's assertion, and therefore the defendants are obliged to pay the corresponding alcoholic beverage price to the plaintiff.

B B B BDDD E F F Penalty Claim: (a) the Plaintiff unilaterally changed the supplier of alcoholic beverages around October 2019 and refused the Plaintiff’s supply of alcoholic beverages after October 31, 2019, thereby violating the liquor supply contract with the Plaintiff; (b) as stipulated in the contract, the details of the amount converted into cash the “equipment and support goods” (leased goods) provided by the Plaintiff are attached hereto.

1. A) and (2) during the remaining term of a contract, the amount equivalent to the Plaintiff’s lost profit (based on average monthly profit for the preceding three months) (specific details shall be attached hereto);

2. see, e.g., the obligation to pay penalty for breach of contract.

The Defendants are supplied with alcoholic beverages while maintaining their status under the liquor supply contract with the previous trading company. On August 2019, the Defendants agreed with the Plaintiff.