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(영문) 서울남부지방법원 2019.01.10 2018나58682
물품대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff under Article 1 of the facts of recognition shall lend the following equipment and materials for the defendant's business.

Article 3 The unit cost of supply of alcoholic beverages shall, in principle, be publicly announced by the D organization, and shall be settled by the alcohol card on the day, and the plaintiff may suspend his/her transaction at will at the time of unsettlement.

Article 4 In principle, the period of the Agreement on Transactions of Alcoholic Beverages shall be 36 months from the date of final support.

If a transaction is discontinued in the middle due to a cause attributable to the defendant, the equipment and support materials provided by the plaintiff shall be refunded in cash to the defendant.

Article 5 The defendant shall not purchase alcoholic beverages that the plaintiff may provide from a third party, and this Agreement shall be automatically terminated at the time of the violation, and the defendant shall immediately return the machinery and equipment and the supplies to the plaintiff in cash.

On January 29, 2015, the Plaintiff, a liquor supplier, entered into a liquor supply contract (hereinafter “instant contract”) with the Defendant who operates a restaurant (hereinafter “instant restaurant”) under the name of “C,” and entered into an agreement on the transaction of alcoholic beverages and the lease of equipment (hereinafter “instant agreement”) with the Defendant, subject to the exclusive supply for three years.

B. In accordance with the instant agreement, the Plaintiff leased the Defendant with two vertical air conditioners with a sum of KRW 740,000 and KRW 540,000 to the World Cup freezings equivalent to KRW 5,00 (hereinafter “instant equipment”).

C. However, the Defendant discontinued the transaction of alcoholic beverages with the Plaintiff without any justifiable reason, and began to be supplied with alcoholic beverages from E, a corporation that is another alcoholic beverage company, around September 2017.

[Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as seen earlier prior to the determination of the cause of the claim, the Defendant received a lease of the instant equipment from the Plaintiff, and unilaterally reversed the instant contract within the 3-year monopoly supply period, shall be deemed a penalty.

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