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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On August 17, 2015, the Plaintiff entered into a liquor trading contract with the Defendant to be supplied with alcoholic beverages from the Defendant (hereinafter “instant contract”) as follows, etc.: (a) in return, the Plaintiff agreed to repay KRW 30 million from the Defendant at zero (1.5 million on September 16, 2015) by setting the interest rate of KRW 30 million from the Defendant as zero (1.5 million on September 16, 2015).
The term of this contract under Article 2 is from August 17, 2015 to August 16, 2018 (36 months).
Article 6 Termination of Contracts where the Plaintiff violates the terms and conditions of transactions under Articles 1, 2, 3 and 5 or delays the repayment of loans under Article 5 on at least two occasions, or the purchase with the obligations under Article 5 significantly lower amount than the average minimum purchase amount is continued for at least three months, the Defendant may terminate the contract after written notification to the Plaintiff.
Article 7 Termination Penalty and Compensation for Damages
1. Where the contract is terminated pursuant to Article 6 or the transaction is terminated unilaterally by the plaintiff within the contract period, the penalty shall be calculated by calculating the following methods and paid to the defendant, and the amount of loan, goods, and loan equipment shall be paid in cash immediately:
(a) At the time of termination within one year after the contract: 25 percent of the initial amount of cash loans (ii) at the time of termination within the contract period after one year: 15 percent of the initial amount of cash loans;
2. In the event of failure to comply with this, the Plaintiff shall bear the late payment charge of 25% per annum, and the Plaintiff shall not raise any objection against all the legal measures taken by the Defendant and all the subsequent procedures.
B. As such, the Plaintiff is the issuer and the Plaintiff’s children between the Defendant on the same day.
On October 12, 2015, when the payment of the above amount is delayed, a notarial deed was drawn up to the effect that there is no objection even if compulsory execution.
(c).