손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 155,921,410 and the interest rate of KRW 15% per annum from November 16, 2018 to the date of full payment.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) concluded a LPG supply contract with E on May 10, 2006, to receive liquefied petroleum gas (hereinafter “LPG”).
C and E are interpreted to have the nature of a facility leasing agreement (hereinafter “instant facility leasing agreement”) with the following terms and conditions, while deciding to lease gas supply facilities, such as gas storage tanks, fire-fighting devices, conditionings, and compact showers owned by E in C on the same day, but it is intended to enter the terms and conditions written between C and E (Evidence No. 1).
Do also concluded.
E and C, based on a liquefied petroleum gas supply contract in which C purchases the total quantity of its own liquefied petroleum gas demand from E, shall agree on the terms, conditions, procedures, etc. necessary for E to lend additional gas supply facilities to E, as follows:
Article 1 (General Provisions) In accordance with the terms and conditions of this Agreement, E shall install the gas supply facilities in conformity with the relevant laws and regulations to lend them free of charge to C and C shall use them free of charge.
Article 2 (Lease Facilities) The scope of support for facilities and the specifications of facilities leased to E under this Agreement shall be as specified in the specifications of rental equipment.
Article 3 (Provision of Land) C shall lend land necessary for the installation and maintenance of facilities to E without compensation within the place of business of C which is a source of liquefied petroleum gas.
Article 5 (Ownership) The ownership of a facility to be installed and leased under this Agreement shall belong to E, and E may indicate that the facility is owned by E.
Article 7 (Maintenance and Repair) During the term of this Agreement, C shall be responsible for the maintenance and repair of facilities, and the expenses shall be borne by C.
Article 12 (Disposition of Facilities) Where this Agreement is terminated or terminated, C shall take over the facilities at the price mutually agreed between the parties.