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(영문) 광주지방법원순천지원 2017.05.16 2016가단6129

공사대금 등

Text

1. The Defendant’s KRW 5,906,314 as well as the Plaintiff’s KRW 5% per annum from May 18, 2016 to May 16, 2017.

Reasons

1. The following facts may be acknowledged either in the absence of a dispute, or in full view of Gap evidence No. 2, Eul evidence No. 4 and the purport of the whole pleadings:

The plaintiff is a person who engages in wholesale and retail business of urban gas with the trade name of "C", and the defendant ("C" corporation") is a corporation that engages in the distribution, processing, and distribution of agricultural products.

B. The Plaintiff supplied the Defendant with propane gas of KRW 5,906,314 on June 29, 2015, KRW 1,518,108, KRW 1,959,265 on July 20, 2015, KRW 2,428,941 on September 14, 2015, but the Defendant did not yet pay gas.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) Around April 7, 2013, the contract term between the Defendant and the Defendant is five years, and the Plaintiff entered into a contract on the condition that the Defendant supplies liquefied petroleum gas of six to eight tons per month, and the gas tank and gas pipeline construction (hereinafter “instant construction”).

(2) The Defendant agreed to use gas of the amount of 6-8 tons each month from the Plaintiff, but the gas so far has been used is merely nine tons, and the Defendant is liable to pay the Plaintiff KRW 21,694,200 as compensation for damages due to nonperformance of the contract.

3) In addition, the Defendant is obligated to pay the Plaintiff the sum of KRW 5,906,314,00,000,000,000,000,000 won. (1) In full view of the facts acknowledged prior to the determination of the construction cost of the instant case, as well as the statement of witness E, Gap’s statements, Gap’s evidence Nos. 1 through 9, and Eul’s evidence Nos. 1 through 7, the Plaintiff entered into a contract for support of liquefied petroleum gas trade and facilities with the Defendant around April 2013 in the name of the State, and upon request of Nonparty E, entered into the instant construction project with the Defendant for total construction cost of KRW 21,694,200,00 and completed the instant construction on August 5, 2013.

However, the above facts and the above evidence alone are the above contract.