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(영문) 수원지방법원안양지원 2016.11.16 2016가단107309
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s factual basis is the liquor supplier.

The defendant is a person who operates a trade name as “B” at the above location.

On December 23, 2014, the Plaintiff and the Defendant concluded an agreement on alcoholic beverage transactions.

① At the time from December 23, 2014 to December 22, 2017, the Defendant provided exclusive alcoholic beverages only from the Plaintiff. ② Under such condition, the Plaintiff leased cash subsidies of KRW 20 million to the Defendant, and goods such as pressing, cooling, and heating room equivalent to KRW 22 million. ③ In a case where the Defendant supplied alcoholic beverages from a third party during the said period or suspended transactions due to a cause attributable to the Defendant, he/she shall return the full amount of the said cash subsidies of KRW 20 million and the goods value of KRW 22 million. ④ When the period of transactions ends during the said period, the Defendant’s obligation to return the cash subsidies ceases to exist. The Defendant’s obligation to return the goods is extinguished, and the remaining 50% of the value of the goods is returned to the Defendant, but the remainder of 50% is also extinguished if the Defendant traded for two years or more.

(hereinafter “instant liquor transaction agreement.” Although the Defendant commenced a transaction with the Plaintiff with the above subsidies of KRW 20 million and the leased goods, the transaction was suspended on October 21, 2015, the Defendant began to be supplied with alcoholic beverages from the Plaintiff’s Grand Business Co., Ltd. (hereinafter “Co., Ltd.”) to the Plaintiff, and thereafter, the Defendant began to be supplied with alcoholic beverages from the Plaintiff’s Grand Business (hereinafter “Co., Ltd.”).

On December 15, 2015, the Grand Bank of Korea paid to the Plaintiff KRW 20 million as the sales price of equipment.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4-6 evidence, Eul 3 and 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff unilaterally suspended the Plaintiff’s transaction of alcoholic beverages during the agreed period and supplied alcoholic beverages from another company. As such, the Defendant, as stipulated in the instant liquor transaction agreement, shall pay to the Plaintiff a cash subsidy of KRW 20 million and the value of the leased goods at KRW 22 million.

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