1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Basic Facts

The plaintiff is a company that runs the liquefied petroleum gas sales business, etc. in Songsung-si, 357-6 (Songsung-si), and the defendant is a business operator who runs the real estate development business, etc.

On December 2013, the Defendant subcontracted to A(B) the construction work for gas supply facilities and the finishing work for the instant construction work (hereinafter “the instant construction work”) for the Studio housing (hereinafter “instant housing”) that the Defendant received from C, the Defendant contracted from C.

A (B) A (B) around January 2014, between the Plaintiff and the Plaintiff under the name of the owner C of the building, established a liquefied petroleum gas supply facility, such as LPG storage tank, gas pipeline, etc. (hereinafter “instant facility”) in the instant housing, and concluded a contract for the safe supply of liquefied petroleum gas (hereinafter “instant gas supply contract”) and a facility support contract (hereinafter “instant facility support contract”).

(B) Around that time, the Plaintiff installed the instant facility pursuant to the instant contract and supplied liquefied petroleum gas, and suspended the gas supply of the instant housing for the reason of unpaid gas charges. On March 10, 2016, with respect to the unpaid gas charges and the installation costs of the instant facility, the following and the Defendant, as the principal contractor who requested B (representative A) to complete the construction work of the instant housing by December 31, 2016, shall pay the Plaintiff unpaid gas charges (3,89,080 won) for the instant housing until December 31, 2016.

3) In the event that the foregoing paragraph (2) has not been enforced, the gas pipeline facility cost (6,750,000) shall be paid to the Plaintiff.

Provided, That one ton tank owned by the plaintiff shall be returned to the plaintiff.

4) Upon receiving a request for gas supply and demand, the Plaintiff immediately supplies gas, and, if the Plaintiff waives the supply of gas, deeming that the Plaintiff waives the rights under the above-mentioned 1) and 3, and is with the Defendant.