(영문) 수원지방법원안양지원 2015.02.03 2014가단5492

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(영문) 수원지방법원안양지원 2015.02.03 2014가단5492

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 2012, Defendant B borrowed KRW 40,000,000 from D Limited Liability Company (hereinafter “D”) and the main contents of the loan agreement that was made at the time of borrowing are as follows.

(hereinafter “instant First Agreement”). Article 1 (Loan Details) Agreement on monthly repayment of KRW 40,000,000 is concluded.

Article 2(Basic Transaction) B is entitled to a exclusive supply of alcoholic beverages from A under the condition that the above loans are supported, and the period of a contract for the supply of alcoholic beverages from A and B shall be two years after the completion of the repayment of the loan and may be renewed by mutual consultation.

Article 3 (Violation of Contracts)

1. Where Eul discontinues within the contract period or the supply of alcoholic beverages with Gap is suspended due to transfer or other reasons, the total amount of loans extended shall be immediately paid to Eul;

2. In the event of breach of contract, penalty shall be 30% of the leased amount and shall be either of the following:

1) Within 2 years after the completion of the repayment of the loan, 2) When the repayment of the loan was delayed two times or more, B shall lose the due interest, and the penalty shall be paid to A along with the total amount of the loan.

3) B shall immediately repay the full amount of the loan and pay the penalty to Party A if any breach of contract under the liquor supply contract occurs.

1. The 40,000,000 won shall be paid in 10 installments each month by 4,000,000 won; and

2. The lending period shall be from July 10, 2012 to April 10, 2013.

A Representative E: F Name: Defendant B

B. On June 13, 2013, the Plaintiff entered into a credit transfer and takeover agreement with D to the effect that D would be entirely transferred to D’s goods price, liquor sales equipment, loan claims, etc. (hereinafter “instant credit transfer agreement”). The Plaintiff agreed that all rights and obligations under the contractual relationship entered into with D and F should be transferred.

C. Defendant B agreed to borrow KRW 40,000,000 from the Plaintiff around July 2013, as follows.

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