beta
(영문) 수원지방법원여주지원 2015.01.22 2014가합429

약정금 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant School Foundation B (hereinafter “Defendant Corporation”) is operating a college D.

E (the representative director of the plaintiff) on June 10, 2006 acquired all assets, including F's permission and place of business, from G representative G.

B. On August 2006, Defendant C signed the instant contract with the F representative G on August 2, 2006 and the “facility leasing and LP gas supply contract” (hereinafter the “instant contract”). Defendant C jointly guaranteed the Defendant’s obligation under the instant contract.

The main contents of the instant contract are as follows.

Article 1 (Installation and Supply Prices of Facilities)

1. A (F representative G) shall install the above-face display facilities at a place designated by B (D Universities) without compensation, and supply the above-face display price;

2. The price referred to in paragraph (1) shall be adjusted automatically according to changes in the prices of oil refinings and importers.

Article 3 (Term of Contract)

1. A shall supply B with LP gas for seven years from September 1, 2006 to August 31, 2013.

2. A or B shall have expressed to the other party in writing one month prior to the expiration of the contract and, unless the other party expresses his intention to terminate the contract, it shall be deemed to have been renewed under the same conditions for three years.

Article 4 (Ownership of Facilities)

1. During the contract period, A may use a trademark or any other indication indicating that he/she owns the ownership of a facility and owns the facility A;

2. The facilities whose contract term expires may revert to B under the mutual agreement of both parties.

(Provided, That the residual value on the account books shall be paid to A)

1. B shall use facilities free of charge during the contract period;

2. Eul shall ensure that the LP gas to be used for Eul during the term of the contract is purchased from Gap.

Article 7 (Termination) In any of the following cases, A may terminate the instant contract to B:

1. A contract for the supply of petroleum products entered into between the Parties in this case.