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(영문) 의정부지방법원 고양지원 2018.08.24 2017가단78953

손해배상(기)

Text

1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 6% from May 23, 2017 to August 24, 2018.

Reasons

1. Fact-finding;

A. The Plaintiff is a corporation that runs the business of selling high-pressure gas, liquefied petroleum gas, the business of transporting and supplying gas, etc., and the Defendant is a corporation that runs the business of manufacturing, wholesale and retail, and its ancillary business. On October 12, 2015, the Plaintiff entered into a contract to supply liquefied petroleum gas (LPG) to the Defendant (hereinafter “instant contract”) with the following content.

① The Plaintiff shall install facilities for the storage and use of liquefied petroleum gas and supply liquefied petroleum gas to the Defendant during the contract period from October 1, 2015 to September 30, 2020.

The contract unit price shall be 1,162 won per kilogram (including value-added tax), and the price shall be settled on the 25th day of the following month after the supply.

(2) The Defendant shall safely manage gas supply facilities installed by the Plaintiff and be supplied with all liquefied petroleum gas that is used by the Plaintiff.

Where a supplier changes a supplier to urban gas or any other company than the plaintiff, he/she shall notify the plaintiff at least three months prior to the change.

(3) The termination of the instant contract shall be as follows:

Plaintiff

Where other companies are supplied with liquefied petroleum gas, the defendant shall be liable for damages to the plaintiff.

(A) the contract shall be automatically terminated, and the proceeds of sale (the calculation of the proceeds of sale shall be based on the highest amount of the last six months) and the total amount of the facilities specified in the certificate of confirmation and the cost of removal shall be charged to the Defendant, if the Defendant is supplied by another company, etc.

(4) The facility of this case is a facility of this case where the total estimated amount is 26,180,000 won, including value added tax, for the sum of 26,180,000 won, for pipes, etc. (3,00,000 won in total), and 26,180,000 won in total.