1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 21, 2016, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the Defendant, which operates a general entertainment shop in the name of “C”, under which the Plaintiff entered into a contract with the Plaintiff, on condition that the Plaintiff would provide the Plaintiff with a subsidy of KRW 4 million only from the Plaintiff for three years, and return the agreement at the expiration of the contract, and the Defendant unilaterally concluded that the Defendant would compensate the Plaintiff for twice the said subsidy as penalty for damages incurred by the Plaintiff in violation of the agreement upon unilaterally cancelling the contract (hereinafter “instant agreement”), and then set up the following support agreement (hereinafter “instant agreement”).

B. In accordance with the instant agreement, the Defendant started to be supplied with alcoholic beverages by being lent KRW 40 million from the Plaintiff as interest-free around that time, but discontinued transactions with the Plaintiff around March 2017 and is being supplied with alcoholic beverages from other companies.

C. On May 2, 2017, the Defendant received text messages from the Plaintiff’s Standing Director that the outstanding amount and the subsidies to return from the Plaintiff’s trading of alcoholic beverages totaled KRW 41 million (= KRW 500,000) and deposited the said KRW 41 million to the Plaintiff on the same day.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, Gap evidence 2-2, Eul evidence 2-5, witness D's written testimony, the purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion that the defendant unilaterally discontinued transactions with the plaintiff, and that the plaintiff is obligated to pay 44 million won as penalty for breach of contract of this case (which recognizes that the amount receivable and the subsidy was paid) to the plaintiff, the defendant asserts that the agreement of this case that the defendant shall pay 44 million won as penalty for breach of contract of this case constitutes Article 8 of the Regulation of Standardized Contracts Act (hereinafter "Standard Standardized Contracts Act").

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