(영문) 서울북부지방법원 2021.01.21 2020나36749

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(영문) 서울북부지방법원 2021.01.21 2020나36749

위약금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. On September 6, 2018, the Plaintiff, a company running a liquor wholesale business, concluded a transaction agreement with the Defendant, which provides the restaurant with the following terms and conditions (hereinafter “instant contract”).

(1) The Plaintiff lends KRW 20,000,00 to the Defendant on condition that the Plaintiff exclusively supplies all alcoholic beverages to the Defendant.

(2) The Defendant shall refund KRW 20,000,000 borrowed from the Plaintiff to the 20-month period from October 15, 2019 to May 20, 2020, respectively.

B. The instant contract was drafted by the Plaintiff as a pre-written contract to enter into a liquor supply contract with the same trading partner as the Defendant.

Article 5 and Article 6 of the contract of this case are related to penalty. At the time of entering into the contract of this case, most of the contents were marked in the same letter, but the amount in the following amount was blank.

Section 5:This Arrangement is effective for up to three years even if it has repaid in full 100% of the total amount of loans extended by “A” (Defendant) and “A” (Plaintiffs) for up to three years.

Where the period of the above agreement is violated, "B" shall compensate "A" for the total amount of 25% of the loans provided as penalty for breach of contract.

Article 6:In the event that the contract period is violated due to the reasons attributable to "B"'s obligation to terminate even during the middle of the agreement and to pay a penalty, "B" shall be immediately paid to "A," and the same shall apply to the following cases:

(2) “If the supply and demand transaction is unilaterally suspended or multiple transactions”

C. After the formation of the contract of this case, the Plaintiff arbitrarily included the space space of Articles 5 and 6 in the contract of this case as follows, and delivered the contract of this case to the Defendant.

Article 5:This Arrangement has been repaid in full for 100% of the total amount of loans extended by “B” (Defendants) and “A” (Plaintiffs) within three years.

유사 판례

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