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The defendant shall pay 41,594,600 won to the plaintiff and 12% per annum from June 22, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaging in wholesale and retail business, etc. of agricultural and livestock products, and the Defendant is an individual entrepreneur who is supplied with fruit, etc. from the Plaintiff in the trade name of “C” and sells it.
Article 8 (Deposit for Goods) (1) For the smooth supply of goods, the defendant shall pay the plaintiff a deposit of KRW 10 million for the price for the goods, and the plaintiff shall immediately refund the deposit at the time of termination of the contract.
② When the sum of the price for goods and the price for private placement agency exceeds KRW 10 million, the Plaintiff may notify the Defendant of the supply of goods, suspend the supply of goods, and terminate the contract.
Article 9 (Compensation for Damages and Penalty) (1) Where either the plaintiff or defendant has inflicted damages on the other party in violation of this Agreement, the party liable shall compensate for the damages suffered by the other party.
2. The plaintiff and the defendant may terminate the contract when important matters of this contract are violated, and the person responsible for violating the contract shall pay the other party the amount equivalent to the deposit for goods as penalty
(3) When concluding a contract as prescribed in Article 8, the defendant shall pay twice the deposit to the plaintiff as penalty.
Article 15. The consulting cost of KRW 10 million (5 million in the street) shall be paid to the Plaintiff simultaneously with the contract.
B. On February 15, 2019, the Plaintiff entered into a contract with the Defendant for the supply of goods, such as fruits, to the Defendant (hereinafter “instant contract for the supply of goods”). The main contents of the said contract are as follows.
C. The Plaintiff supplied total amount of KRW 235,594,600 from February 2, 2019 to April 2019 under the instant goods supply contract, and received KRW 216,00,000 from the Defendant.
On May 28, 2019, the Plaintiff sent to the Defendant a content-certified mail to the effect that “The Defendant’s price for the goods unpaid to the Plaintiff exceeds KRW 10 million, and thus the instant goods supply contract is terminated in accordance with Article 8.”
recognized.