손해배상(기)
The defendant shall pay 36,20,000 won to the plaintiff and 12% per annum from February 4, 2020 to the day of complete payment.
1. According to the purport of Gap's evidence No. 1 and all pleadings as to the cause of the claim, the plaintiff entered into a contract for the supply of liquefied petroleum gas with the plaintiff for ten years from March 9, 2016 to March 8, 2026, instead of constructing the plaintiff's liquefied petroleum gas supply facilities at the plaintiff's expense within the house located in Usung C, and the defendant entered into a contract for the supply of liquefied petroleum gas with the plaintiff for ten years from March 9, 2016 to March 8, 2026 (this objection, the defendant asserted that D and E without the defendant's seal, the owner of the above land, alleged that they entered into the contract with the plaintiff by using the defendant's seal without permission, but the evidence submitted by the defendant alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it). Accordingly, although the plaintiff constructed liquefied petroleum gas supply facilities, such as gas pipelines, which the owner of the above house did not use liquefied petroleum gas supply facilities, it is acknowledged that the plaintiff failed to supply liquefied petroleum gas.
According to the above facts, the plaintiff is unable to supply liquefied petroleum gas in the above house, thereby causing losses equivalent to the expenses for installing liquefied petroleum gas supply facilities, such as main pipes installed in the above house for the supply of liquefied petroleum gas. Thus, the defendant is obligated to pay damages to the plaintiff, as compensation, 36,200,000 won, which is equivalent to the above expenses for the above expenses, and damages for delay calculated at the rate of 12% per annum from February 24, 2020 to the date of delivery of the original copy of the payment order of this case sought by the plaintiff.
2. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff did not complete the construction of liquefied petroleum gas supply facilities within the said house, and that D and E paid KRW 8 million out of the cost of installation to the Plaintiff.