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(영문) 서울중앙지방법원 2017.09.01 2017가합5360
청구이의
Text

1. Promissory notes No. 574 of the certificate of 2016, dated July 18, 2016, against the Plaintiff’s Defendant, C&A Office of Joint Law.

Reasons

1. Basic facts

A. On July 5, 2016, the Plaintiff concluded a contract with the Defendant to regularly supply alcoholic beverages for 48 months, and the Plaintiff agreed to borrow KRW 350,000,000 from the Defendant, and to repay the said borrowed amount in 28 installments each month from August 10, 2016 to November 10, 2018.

(hereinafter “instant contract”). Details of the instant contract are as follows.

Article 2 Details of the Agreement

1. The agreed period shall be 48 months from the date of occurrence of the loan and shall remain the agreed period even if the balance of the loan is paid in lump sum within the agreed period.

2. “B” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) is unable to unilaterally suspend transactions within an agreed period, and at the time of alcoholic beverage transactions with other alcoholic beverage companies, “A” (the Defendant refers to the Defendant; hereinafter the same shall apply) may suspend the supply of alcoholic beverages, and at this time, “B” shall immediately repay all obligations, such as loans provided by “A”, unsettlement payments, and penalty.

Article 3. Calculation Method of Penalty and Scope of Execution of Notarial Deed

1. “B” in violation of Article 2 (including causes attributable to B) and at the time of the termination of transaction, “B” shall pay 30% of the principal borrowed to “A” as penalty.

2. This notarial deed can be executed with respect to all obligations (such as loans, credit loans, penalty, etc.) arising as soon as possible to “B”.

Article 4. Termination of Contracts and Compensation for Damages

1. In the event that “B” violates the above arrangements, the “B” may terminate the contract without written notice procedures, and in this case, “B” shall be immediately repaid to “A” by converting all obligations, including penalty, balance of loans, and product prices, into cash, and any loan equipment and support goods into cash, and shall bear 30% (30%) per annum if “B” fails to perform.

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