1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiff is a corporation established for the purpose of the comprehensive liquor wholesale business, etc., and the defendant is a person who operates a mutually named restaurant "D" in Namyang-si, Namyang-si.

B. On March 9, 2017, the Plaintiff and the Defendant entered into a contract under which the Plaintiff exclusively supplies alcoholic beverages to the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 The Plaintiff shall preferentially supply the goods handled by the Plaintiff to the Defendant within the scope of purchase, and the Defendant shall be liable for both parties selling only the goods of the Plaintiff.

Article 3 Contract term shall be from the contract date to two years after the full repayment of the loan is made.

Article 4 The plaintiff's duty under Article 4 shall be loaned to the defendant on condition that he/she redeems the amount of KRW 10 million in installments for ten months.

Provided, That interest shall be interest-free:

However, the overdue interest of 1.5% per month shall be paid when the loan is overdue.

Article 5 (Obligation 1) The Defendant shall purchase and sell only the Plaintiff’s goods while running his/her business. However, at the time of discontinuance of transaction within the contract period due to a cause attributable to the Defendant, the entire balance of the loan under Article 4 shall be repaid to the Plaintiff without delay, and compensation for damages incurred by the loan that is used as interest-free. (C) The Plaintiff loaned KRW 10 million to the Defendant under the contract of this case as interest-free under the contract of this case, and the Defendant continues to engage in transactions based on the contract of this case from January 2, 2018, and is supplied with alcoholic beverages from other alcoholic beverage suppliers after discontinuance of transaction with the Plaintiff from January 2018.

2. The agreement on the determination of the penalty for breach of contract as to the cause of the claim is presumed to be the liquidated damages (Article 398(4) of the Civil Act), and if there is an estimate of the amount of damages due to nonperformance, the creditor shall be liable for the nonperformance.