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(영문) 인천지방법원 2014.04.17 2013가단57381

손해배상(기)등

Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant C, respectively, KRW 52,102,945, Defendant D, Defendant E, Defendant F, and Defendant G are Defendants B.

Reasons

1. Determination as to the claim against Defendant B and Defendant C

A. (1) On April 1, 2011, the Plaintiff concluded a contract for the supply of and demand for gas and the loan for use of gas facilities (hereinafter “instant contract”) with the Defendant Company B (hereinafter “Defendant Company”) and the Plaintiff to provide gas to the Defendant Company by borrowing the name of H Co., Ltd. (hereinafter “Defendant Company”).

(2) At the time of the instant contract, the contract period is five years and three tons of the expected amount of gas use per month. Of the construction cost of gas facilities, 10,000 won out of the construction cost of the gas facilities is borne by the Defendant Company at the time of construction, and the remainder is paid to the Plaintiff in 60,000 won per month.

(3) The gas price unpaid by the Defendant Company from April 17, 2012 to March 16, 2013 is KRW 29,002,945, and the construction price for the gas facilities unpaid is KRW 18,60,000.

(4) The Defendant Company supplied other company’s gas from March 2013 without the Plaintiff’s approval. The instant contract provides that penalty shall be collected when it supplies other company products without the Plaintiff’s approval. Penalty is KRW 4.5 million equivalent to the daily expected volume of use.

(5) On June 30, 2012, Defendant Company issued to the Plaintiff a promissory note of KRW 26,550,000 for the settlement of unpaid amount, but was in default.

Accordingly, Defendant C agreed to pay the above obligations to the Plaintiff together with the Defendant Company and recovered the bill of exchange.

[Reasons for Recognition] deemed confession

B. Accordingly, the defendant company and the defendant C are liable to pay each of the plaintiff the unpaid gas costs of KRW 29,02,945, the construction cost of the unpaid gas facilities of KRW 18,600,000, penalty of KRW 4,500,000, more than the sum of KRW 52,102,945, and damages for delay as described in the order.

2. Determination as to claims against the remaining Defendants

(a)the fact that there is no dispute, the above one;

(a) there is no dispute between the Parties with respect to each of the facts described in paragraphs (1), (2), and (3);

B. The plaintiff's primary part is the plaintiff.