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(영문) 서울서부지방법원 2020.02.14 2019나33894
위약금(벌)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

. It may expire.

3. Subject to the condition that “A” lends 80,00,000 won of the above-mentioned 1,00 won to “B”, “B” must purchase at least 10,000,000 won of alcoholic beverages to be handled by “B” each month. If “B” purchased alcoholic beverages in the amount equivalent to 50-80% of the contract amount for the purchase of alcoholic beverages in the above-mentioned month, “B” shall pay to “B” the amount equivalent to 1% of the first loan, and if the monthly purchase amount is less than 50%, “B” shall pay the total amount of 2% of the first loan to “B”.

Article 6 Termination and Compensation for Damages

1. Eul shall understand and consent to the above provisions, and in case of violation of the above provisions without Gap's consent, Gap may terminate an agreement with Eul, and in this case Eul shall immediately pay Gap a penalty equivalent to 30 per cent of all unpaid amounts, including the balance of loans and the amount of goods, and the amount of penalty equivalent to 30 per cent of the total amount of the first loan.

* (The matters mentioned above shall be penalty not subject to reduction of the estimated amount of compensation for losses)

C. By May 15, 2017, the Defendant repaid the Plaintiff all of the loans under the first agreement.

Article 1 Cash Loans

1. A (the plaintiff, hereinafter the same shall apply) shall lend to B (the defendant, hereinafter the same shall apply) gold 40,000,000 won on the condition that he/she supplies alcoholic beverages to B (the defendant, hereinafter the same shall apply) for a separate agreement period, and Eul shall accept it and borrow this amount;

2. The repayment period of a loan under paragraph (1) above shall be repaid in installments from March 20, 2018 to 20 days each month, gold 1,50,000 won, and at least twice in arrears, overdue interest equivalent to the statutory maximum interest rate shall be paid on the delayed principal.

3. Subject to the condition that Gap lends 40,000,000 won as above, Eul must purchase at least 5,000,000 won per month alcoholic beverages items handled by Eul. If Eul purchased alcoholic beverages in an amount equivalent to 50 to 80% of the contract amount of monthly purchase of alcoholic beverages as above.

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