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1. The part of the judgment of the court of first instance against the selected stock company B shall be revoked;
2. The Plaintiff’s Appointed B Co., Ltd.
Reasons
1. Basic facts
A. On July 23, 2013, the Plaintiff operating a wholesale business shall lend KRW 50 million to the Selection Company B (hereinafter “Appointed B”) operating four business establishments including D without interest in return for the supply of alcoholic beverages during the trading period. The Plaintiff, who is running a wholesale business, without interest, shall lend KRW 50 million in return for the supply of alcoholic beverages during the trading period.
8. From 23. to August 23, 2015, a loan repayment agreement was concluded with a purport to repay in installments the amount of KRW 2 million each month.
B. The above loan repayment agreement (No. 2) contains both the title "a written agreement on the repayment of loans" and the word "a letter on the repayment of loans" and the indication of the plaintiff named as Gap is written in the same word, and not more than that, the debtor, the amount of loan and the date of preparation are written in the same column, and all the agreed terms including the following contents are written in the same word:
C. Article 5(Plaintiffs) provides the highest service to the projects of Eul (Appointeds B) and Eul shall be deemed to have been terminated at the time of violation of the following matters, and one year interest on the principal of the loan and the outstanding amount (based on statutory interest rate 20% per annum), as well as compensation for all support:
1) Where a transaction is made with another company of other alcoholic beverages within three years at the time of the completion of loan repayment, 2) where the company sells other company's goods other than the Party A's goods within the contract period, 2) the ground for recognition / without any dispute, 1 to 3 evidence (including additional number), and the purport of the whole pleadings.
2. The party's assertion and judgment
A. The plaintiff alleged by the parties that he/she violated Article 5 of the above Agreement by making transactions with other companies within the transaction period. Thus, the defendant who jointly and severally guaranteed the obligation to pay the above penalty against the plaintiff in the Selection B and the Selection B (the appointed party, the "defendant", the Appointor and the "defendant, etc.") and the Appointor C are jointly and severally liable to pay a penalty of KRW 10 million (50 million x 0.2) to the plaintiff. The above loan repayment agreement is a standardized contract.