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(영문) 창원지방법원 밀양지원 2017.01.10 2016가단1160
약정금 등
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 7,538,393, and shall pay the full payment from June 28, 2016.

Reasons

Basic Facts

The plaintiff is an individual entrepreneur engaged in the wholesale business of alcoholic beverages, such as a consignor, and the defendant is an agricultural company engaged in the business of producing and selling alcoholic beverages, such as a medicinal shipowner and a consignor.

On March 8, 2011, the Plaintiff and the Defendant concluded a consignment supply contract, and the contents related to the instant case in the transaction agreement prepared at the time (hereinafter “instant transaction agreement”) are as shown in attached Table 1.

Since then, the Defendant newly established a “D” agent in the Gyeongnam-gun area, which is located within the exclusive business area of the Plaintiff as stipulated in Article 3 of the instant transaction agreement, and the Plaintiff resisted against this, and the agreement was prepared between the Plaintiff and the Defendant on June 1, 2013 as indicated in attached Table 2 (hereinafter “instant agreement”).

Even after the agreement of this case, the Plaintiff rejected the payment of alcoholic beverages to the Defendant by asserting that the Defendant supplied alcoholic beverages other than Embrypt to the customer located in the Plaintiff’s exclusive business area through other competitors, including “D stores,” and violated the agreement of this case. As of October 7, 2015, the Defendant suspended the supply of alcoholic beverages to the Plaintiff to the Plaintiff at KRW 9,538,393, the unpaid alcoholic beverages amounting to three months’ sales, and notified the suspension of transaction around October 16, 2015.

【The Plaintiff’s assertion as to the claim for main claim of the Plaintiff as to the purport of the entire statements and arguments set forth in subparagraphs A through 5 (including each number) and B’s respective statements and arguments, in violation of the agreement of this case, the Defendant supplied alcoholic beverages other than Embry to the customer located within the Plaintiff’s exclusive business area through other competitors, including “D stores,” and accordingly, paid KRW 300,000 per month for 22 months from August 2014 to May 31, 2016 as compensation for business losses. The Defendant paid KRW 300,000 per month on August 2014 and September 2014, and did not pay the remainder.

Therefore, the defendant is against the plaintiff.

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