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(영문) 광주지방법원 2017.01.11 2015가단530701

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. From 2013 to 2013, Defendant B, who operates a fishery products plantation with the trade name of Defendant D, was supplied with liquid volcanos using one ton storage tank from Defendant C, a representative director, E (hereinafter “E”).

B. Around June 2015, Defendant B entered into a contract to install gas facilities and supply goods with the content that he/she would be provided with facilities necessary for the supply of oxygen, such as storage tanks and fire engines, without compensation, and regularly supply liquefied high-pressure gas for five years.

C. The Plaintiff, on behalf of the Defendant B, applied for permission to establish a high-pressure gas storage facility with a capacity of 12.14 tons in liquid volcano storage at B, and obtained permission around June 29, 2015.

On August 2015, the Plaintiff leased a gas tank with a capacity of 12 tons from F, and installed facilities, such as 12 tons of gas tanks, burners, and partial pipes, on the site of Defendant D operated by Defendant B. In the absence of the actual supply of liquid volcano, the Plaintiff dismantled the gas tank and returned the gas tank to F. However, the Plaintiff did not install a gas tank with a capacity of 5 tons on the site of D.

E. Meanwhile, around August 29, 2015 at Defendant B’s request, E dismantled installed a facility, such as a gas tank with a capacity of five tons and supplied the Plaintiff with liquid volcanos.

F. Around September 7, 2015, Defendant B notified the Plaintiff of the termination of the goods supply contract on the ground that “the installation of a tank, which disregards normal administrative procedures due to delay of construction,” and the Plaintiff collected facilities, such as gas tanks and burners, around December 2015.

[Grounds for Recognition] A without dispute, Gap 1-12, 15-19 evidence, Eul 1-3, 5, 6, 8, 10 evidence (including each number), witness G testimony, and the purport of the whole pleadings

2. The plaintiff alleged by the parties can conclude a contract with the defendant B to install gas facilities and supply goods.