A. On August 26, 2014, the Plaintiff entered into a contract on the supply of liquefied petroleum gas with Defendant A, stating that “The Plaintiff shall supply propane gas to Defendant A (Article 1(1)); the gas fee shall be paid by 23 days after the end of each month (Article 2(2)); the Defendant A shall compensate the Plaintiff for the total amount of the facilities installed at the Plaintiff’s expense (the amount indicated in the facility-free support contract) when the contract is terminated due to the Defendant A’s reasons during the contract period; and the Plaintiff may terminate the contract when the Defendant was in arrears for not less than two months (Article 4(4)); and that “The Plaintiff may terminate the contract (Article 6(2)).”

(hereinafter “instant contract”). (b)

On the other hand, on August 26, 2014, the Plaintiff, under Defendant B’s joint and several sureties, agreed to immediately repay to Defendant A at the time of termination of the transaction, and lent KRW 135,00,000 to Defendant A’s operating capital.

C. Around that time, the Plaintiff installed a small storage tank equivalent to KRW 28 million and piping and gas supply facility equivalent to KRW 33 million to Defendant A.

On December 8, 2014, the gas price that the Plaintiff was not supplied to Defendant A by December 8, 2014 is KRW 27,504,99.

As Defendant A did not pay gas, on February 26, 2015, the Plaintiff terminated the instant contract with the Defendants by content-certified mail, and thus notified the Defendants of KRW 135,00,000 as operating loans, KRW 61,00,000 as operating capital, KRW 27,504,99 as well as KRW 223,504,504,99 in total.

This content-certified mail was reached by the Defendants around that time.

[Recognizing Facts] Unsatisfy, Gap evidence 1 to 6

2. Determination

A. According to the above facts, the instant contract was terminated by the Plaintiff’s notice of termination on February 26, 2015, and the transaction between the Plaintiff and the Defendant was terminated around that time. As such, the Defendants jointly and severally concluded with the Plaintiff the aforementioned KRW 223,504,99 = (135,000,000 gas facility investment amount of KRW 61,00,000,000 for operating capital).