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(영문) 춘천지방법원영월지원 2020.11.25 2020가단51

액화석유가스체적거래공급자시설설치비용

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On October 14, 2008, the Plaintiff, a gas supplier, entered into a liquefied petroleum gas supply management contract with the Defendant for the supply and management of gas in Taecheon-si B apartment (hereinafter “instant supply contract”).

B. The relevant contents of the instant supply contract are as follows.

Article 3 (Limitation to Ownership of Facilities) (1) The supplier's facilities shall belong to the plaintiff, and other facilities shall belong to the defendant's assets.

(hereinafter omitted) section 14 (Contract Period) (1) This Agreement shall be effective from the date of conclusion and shall be 10 years from the date of commencement.

(2) The renewal of a contract shall be subject to consultation with the plaintiff and the defendant, and shall be automatically extended without any separate consultation.

Article 15 (Termination of Contracts) (1) The methods of supply of liquefied petroleum gas (related to Article 43) shall be based on annexed Table 20.

(hereinafter omitted)

C. Meanwhile, Article 43 of the former Enforcement Rule of the Safety Control and Business of Liquefied Petroleum Gas Act (wholly amended by Ordinance of the Ministry of Knowledge Economy No. 19, July 18, 2008) provides that "the methods of supplying liquefied petroleum gas under Article 23 of the Act shall be as specified in attached Table 20" and "3. The methods of supplying liquefied petroleum gas under Article 23 of the Act shall be as specified in attached Table 20" among the methods of supplying liquefied petroleum gas [Attachment Table 20] (Article 43 related to the provisions of attached Table 43),

3. Standards for collective supply by storage tanks or small storage tanks;

(a) 1) Conclusion and termination of a supply contract to supply liquefied petroleum gas to various gas users in the same building as a single storage facility under a contract with a majority of gas users, the gas supplier should conclude a supply contract with the representative of the gas user. The same shall apply to termination of the contract. 2) The term of the contract shall not be less than four years where the gas supplier bears the installation cost of gas-using facilities excluding a burner, and not less than two years where the gas supplier bears the installation cost of gas-using facilities excluding a burner, and the parties have not notified the termination of the contract in writing not later