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(영문) 서울남부지방법원 2018.08.24 2017나66365
기자재장비지원품등청구
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. On July 22, 2015, the Plaintiff, a liquor supplier, entered into a liquor supply contract (hereinafter “instant contract”) with the Defendant, which operates the instant business establishment (hereinafter “B”), and entered into an agreement on the transaction of alcoholic beverages and the lease of equipment (hereinafter “instant agreement”) with the Defendant, subject to monopoly supply for three years (hereinafter “instant agreement”).

Article 1 The plaintiff 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 notified by the National Alcoholic Beverages Federation, and shall be settled by the alcoholic beverage 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, equipment and supplies to the plaintiff in cash.

B. In accordance with the instant agreement, the Plaintiff leased two vertical air conditioners (hereinafter “instant equipment”) equivalent to KRW 740,00 to the Defendant.

C. However, the Defendant, from April 18, 2017, discontinued the transaction of alcoholic beverages with the Plaintiff from around April 18, 2017, and began to be supplied with alcoholic beverages from the Cheongjuju, Inc., another liquor company.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 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 destroys the instant contract within the 3-year monopoly supply period, the cash price of the instant equipment as penalty.

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