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(영문) 수원지방법원 2019.07.03 2018나86047

위약금

Text

1. Of the judgment of the first instance, the part against the Defendant ordering payment exceeding KRW 3,00,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that supplies alcoholic beverages and performs all incidental business related thereto, and the Defendant is a person who operates a restaurant with the trade name “D” in Suwon-si, Suwon-si (hereinafter “instant main shop”), and engages in a transaction of alcoholic beverages with the Plaintiff.

B. On May 9, 2016, the Plaintiff and the Defendant concluded a loan agreement and a contract (hereinafter “instant contract”) with the following terms and conditions.

The provisions pertaining to the instant contract concerning the instant case are as follows.

Article 2 (Period of Contract) (1) The term of a contract of a loan agreement and a transaction agreement shall be 24 months after the defendant completes the repayment of the loan. (2) If both parties do not intend to terminate the contract one month before the expiration of the contract, the contract shall be automatically extended every 24 months.

Article 4 (Details of Support and Situational Methods) (1) The Plaintiff shall support the Defendant with interest rate of KRW 50 million as zero, and the Defendant shall pay the subsidized amount in twenty-five installments each month from June 11, 2016 to June 11, 2018. In addition, even once the agreed repayment date, the Defendant shall lose the remainder of the fixed-term interest and immediately repay the entire amount of the loan including the principal and interest, and the Plaintiff may take all legal measures as a start-up loan. In addition, this loan may not be re-loand as a start-up loan. (2) The start-up fund shall begin transactions within a maximum of ten days after the date of the first support.

3) The Defendant’s change of the type of business or trade and suspension of business, closure of business, and business suspension due to administrative disposition shall lose the benefit of time, and the unpaid loan shall be repaid in full immediately. (In the event that the Defendant violates Articles 1 through 5 of the Act and ends the transaction, the Defendant shall pay the Plaintiff the penalty calculated by the following methods: (i) When the transaction is terminated within one year from the date of the loan, the penalty of 25% of the first loan shall be paid, and the second loan shall be paid from the date of loan.