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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. The Defendant Limited Company B (hereinafter “Defendant Company”) is a corporation established for the purpose of filling liquefied petroleum gas, and the Defendant C was the only director of the Defendant Company from June 27, 2012 to February 20, 2014.
B. On December 4, 2007, D Co., Ltd. supplying liquefied petroleum gas, etc. (hereinafter “D”) entered into a loan agreement (hereinafter “instant loan agreement”) with respect to the instant real estate, which provides that D shall only handle and sell the products supplied by D in the instant charging station, etc., instead of leasing KRW 200 million to the instant real estate at a liquefied petroleum gas charging station and household liquefied petroleum gas sales store (hereinafter “instant filling station”), and that D shall lose the benefit of the said loan and pay a penalty of KRW 200 million to D (hereinafter “instant lease agreement”).
The grounds for termination and the loss of term interest stipulated in the loan agreement of this case are as follows.
Article 8(Termination)(1)D may terminate this Agreement at any time without prior notice to G in any of the following cases:
(A) If paragraph 2 is terminated in the event that G breaches a contract other than the product supplied by D (d) other than the product supplied by D (i.e., when it is recognized that D is unable to deal with and sell the product) G due to a bankruptcy or insolvency, or to any other contract entered into with D, at the time of delay in the repayment of the loan under this contract, G loses the benefit of all terms and conditions of this contract for the repayment of the principal and interest upon termination of this contract.
In such cases, G shall, notwithstanding the provisions of Article 4, pay the full outstanding amount as of the date of termination of this contract to D immediately.
C. The plaintiff on June 19, 2009