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(영문) 수원지방법원안산지원 2016.05.27 2015가단105988

약정금

Text

1. The Defendant’s KRW 147,246,40 as well as the Plaintiff’s annual rate of KRW 6% from May 12, 2015 to May 27, 2016, and the following.

Reasons

1. In principle, the method of the order and order of Article 1 (Supply of Oil) is determined by mutual agreement later by both parties, and, in principle, to supply the species of oil as instructed by “A,” regardless of the trade name and affiliation of the subject matter after receiving notification from “A” of the subject matter (dump vehicles, heavy machinery, etc.).

(Provided, That "B" shall be notified at the time of filing an application for an order when a problem occurs, such as the strike of a product. Article 2 (Unit Price) The unit price for oil supply shall be 50 won based on the factory level of the head office of the SK Energy (owner) under the flexible dynamic system, but may be adjusted under consultation with "A" according to the situation of the spot market.

The approval of oil payment made pursuant to Article 3 (Payment and Method) shall be made by a bill issued in the name of A within 30 days after the end of the 20th of each month or the end of the 30th month, and the delay damages shall be 20 percent per annum, and the financial expenses incurred in the issuance of the bill shall be calculated and paid separately by calculating

Article 4 (Term of Contract) In principle, the term of validity of this Agreement shall be three years retroactively from May 30, 2013, and shall be renewed for one year, unless both parties express their intent to cancel the Agreement, and the same shall also apply thereafter.

Provided, That when the transaction is suspended due to the circumstances of Gap or Eul, the balance of the oil price shall be approved in cash at the time of suspension of transaction.

Article 5(Liability Matters) If the provisions of this Agreement are not fulfilled or the default of a bill occurs, the rights of the obligor, if any, shall be assigned to the “A” and the “A” may directly receive the claim on behalf of the obligor A.

With respect to the expenses deemed necessary to achieve the purpose of this compensation, if B bears on behalf of B, the expenses incurred therein shall be deducted first, and the balance shall be appropriated for the obligations of this Agreement through the remaining expenses, and the compensation shall be the remainder.

“A”.