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(영문) 창원지방법원 2018.09.21 2017나59199

매매(납품)대금청구의 소

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “D”, runs the wholesale and retail business of LPG gas, etc., and the Defendants, as married couple, operated a restaurant with the trade name of “E”, and was supplied by the Plaintiff as necessary for the operation of the said restaurant from September 8, 2008 to July 1, 2016.

B. On October 8, 2012, the Plaintiff supplied gas to the Defendants without a contract, and entered into a liquefied petroleum gas supply contract under the name of the Defendant C (hereinafter “instant supply contract”). Article 4(2) of the instant supply contract provides that “A” shall regularly check the quantity of each user’s use at the end of each month, and “B” (the Defendant) shall pay gas use charges by no later than the 15th day of the following month.

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C. On March 16, 2016, the Plaintiff drafted a statement of accounts to the Defendants that the amount receivable for gas prices is KRW 1,605,277.

After that, the Plaintiff supplied the Defendants with gas equivalent to KRW 1,97,326, the total amount of the outstanding gas was KRW 3,602,603, and the total amount of the outstanding gas was KRW 3,602,60, and KRW 500,440 for April 2016, and KRW 783,482 for May through 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff sought payment of KRW 17,829,161 of the gas supply amount that was not received from the Defendants. Therefore, barring any special circumstance, the Defendants are obligated to pay damages for delay calculated from the date following July 15, 2016, which is the date of payment stipulated in the instant supply contract, to each Plaintiff, as well as the amount that the Plaintiff was obligated to receive from the Defendants.