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(영문) 서울남부지방법원 2018.10.05 2018나836
위약금등청구
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

. For the Defendant’s business, the following equipment and materials are leased:

Article 3 The unit cost of supply of alcoholic beverages shall, in principle, be publicly announced by D, and shall be settled by the alcoholic beverage card on the same day, and in the event of unsettlement, the plaintiff may suspend his/her transaction at will

Article 4 In principle, the period of the Agreement on Transactions of Alcoholic Beverages shall be 36 months from the date of final support.

If a transaction is discontinued in the middle due to a cause attributable to the defendant, the equipment and support materials provided by the plaintiff shall be refunded in cash to the defendant.

Article 5 The defendant shall not purchase alcoholic beverages that the plaintiff may provide from a third party, and this Agreement shall be automatically terminated at the time of the violation, and the defendant shall immediately return the machinery, equipment and supplies to the plaintiff in cash.

Where the loan borrowed by the Defendant from the Plaintiff and the transaction price for goods outside the goods are delayed or delayed, the Plaintiff may recover the equipment leased without the consent of the Defendant at any time.

* Articles 1 to 370,00 won lent to the Defendant by the Plaintiff 2 to 2 to 740,000 won in the quantity of the articles 1 to 370,000 won in the quantity of the articles 1 to 370,000.

(hereinafter referred to as “instant coolant”). C.

In addition, on March 29, 2016, the Plaintiff entered into a contract (hereinafter “instant monetary loan contract”) with the following contents, including the provision of support of KRW 10 million, while engaging in alcoholic beverage transactions with the Defendant:

[No. 3, on the other hand, the Plaintiff and the Defendant additionally prepared a contract (Evidence No. 4) similar to the instant monetary loan agreement on the same day, and Article 3 of the Evidence No. 4 provides that penalty to be paid at the time of suspension of transaction within three years shall be 20%). The contract term under Article 2 (1) of the contract term refers to 36 months from the date when the Plaintiff and the Defendant entered into the contract ( March 29, 2016) to March 29, 2019.

Article 4 (1) The plaintiff and the defendant shall support the following transactions:

(A) Won 10 million won (Won 10,000,000).

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