2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On April 22, 2013, the Plaintiff operating a wholesale business: (a) provided equipment, etc. for business operations to the Defendant, who operates B on April 22, 2013 for supply of alcoholic beverages without interest; (b) lent KRW 20 million to the Defendant who operates B without compensation during the trading period

5. From 22. to April 22, 2014, the Defendant agreed to pay to the Plaintiff an amount equivalent to KRW 200,000 per annum 20% of the interest per annum for the said KRW 20,000,000 if the Defendant traded alcoholic beverages with another company within three years even after the repayment of the loan was completed.

B. The Defendant has terminated the transaction with the Plaintiff and purchased alcoholic beverages from the other company before three years have not passed since the completion of the repayment of the loan.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the defendant violated his duty to maintain transaction relations for the three-year period, it is obligated to pay to the plaintiff 4 million won (20 million won x 20%) and damages for delay at the statutory rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 14, 2014 to the date of full payment, according to the agreed liquidated damages.

B. As to this, the Defendant’s agreement compelling the Defendant to maintain transaction relations for three years even after the repayment of the loan violates Article 23(1)5 of the Monopoly Regulation and Fair Trade Act, or is null and void pursuant to Article 6(1) of the Regulation of Standardized Contracts Act, under the terms and conditions which unfairly restrict the business activities of the Defendant, the other party to the transaction, for the purpose of acquiring the financial profit that the Plaintiff provided to the Defendant for more than three years, or violates Article 23(1)5 of the Monopoly Regulation and Fair Trade Act, or lose fairness in violation of the principle of good faith.