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Reasons
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(영문) 인천지방법원 2019.07.12 2018가단227772
위약금
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1. The Defendants shall jointly and severally serve as KRW 34,925,00 on the Plaintiff and as a result, from June 20, 2018 to July 12, 2019.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a legal entity that conducts ice ice Do and retail business, and Defendant B (hereinafter “Defendant B”) is a legal entity that operates the supermarket, etc., and Defendant C is the representative director of Defendant B.

B. On April 28, 2015, the Plaintiff entered into the first ice sales contract with Defendant B (hereinafter “the first contract”) to sell at least KRW 380,00,000 products of the Plaintiff during the said contract period from April 28, 2015 to April 27, 2018. The Plaintiff paid KRW 50,00,000 to Defendant B with subsidies, and the Plaintiff paid KRW 50,00,000 to support the seven equipment (hereinafter “the first contract”).

The Plaintiff entered into a contract. The Plaintiff paid KRW 50,000,000 to Defendant B on April 25, 2015 under the first contract and supported KRW 7 equipment. 2) The Plaintiff and Defendant B have traded ice and supplied ice according to the first contract. As of August 17, 2017, the outstanding amount reached KRW 42,260,215.

C. Under the circumstances where there are accounts receivable, such as Section 1(b)(2) of the second ice sales contract, the Plaintiff and the Defendant B enter into the instant contract with the following content on August 16, 2017.

The Defendant C entered into a contract. On the same day, Defendant C jointly and severally guaranteed all the transaction obligations under the contract of this case. Article 2 (1) of the Sales Contract provides Defendant B with the 100 won standard for the general product and the 1,000 won standard for the 1,00 won goods and the 446 won standard for the 1,000 won goods, and the payment for the supplied goods shall be made in cash at the time of delivery of the goods. However, the payment for the bill shall be recognized by the prior agreement, and the payment date for the bill shall be within 30 days from the date of issuance. (3) The Defendant B shall sell the Plaintiff’s goods during the contract of this case, and the contract period shall be automatically extended until the completion of the sale.

Article 3 The plaintiff is the defendant B to this Agreement.

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