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(영문) 서울북부지방법원 2020.12.09 2020나35463
손해배상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

Basic Facts

Article 1 (1) The plaintiff lends 30 million won (Won 30,000,000) to the defendant on the condition that he supplies all alcoholic beverages to the defendant.

(2) The defendant shall be supplied with all kinds of alcoholic beverages and other beverages handled at a party establishment only by the plaintiff and sell them, and the price of goods shall be settled by means of a liquor card.

Article 2 (1) The defendant shall repay the sum of 30,000,000 won (Won 30,000,000) borrowed from the plaintiff to the plaintiff within the 22th day of each month, each twenty-month period.

(2) The repayment date shall begin from December 2017 to July 2019.

Article 5. This Agreement has fully repaid 100% of the loan principal of the Plaintiff (Won 30,000,000) by the Defendant to the extent that the Defendant has repaid 100% of the loan principal within three years.

Even if this contract is valid by up to three years.

When the above contract period is violated, the defendant shall compensate the plaintiff for the amount of KRW 7,500,000,000, which is 25% of the loan as a penalty for negligence.

Article 6 (Termination Termination and Payment Obligation of Penalty) When the defendant violates the above contract period due to a cause attributable to the defendant, the defendant shall immediately pay 7,500,000 won of the loan to the plaintiff as penalty for negligence, and the same shall also apply to any of the following cases:

① In the event that the Defendant voluntarily changed or canceled the contract period, ② the Plaintiff entered into an agreement with the supplier of alcoholic beverages on November 21, 2017, each of the same day for each of the respective alcoholic beverage transaction agreements under which the Plaintiff and the Defendant agreed to supply alcoholic beverages for 36 months until November 21, 2020, as the Defendant’s business place.

(i) When concluding two copies of the same contract (i.e., the same content was written in two copies). (hereinafter collectively referred to as “instant contract,” the Plaintiff, each of which is KRW 30 million, to the Defendant for each place of business, respectively, shall be KRW 30 million in relation to the “C” place of business, and KRW 30 million in relation to the “D” place of business.

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