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(영문) 청주지방법원 제천지원 2017.03.29 2016가단21861
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who runs the business of selling liquefied petroleum gas, and the defendant is a council of occupants' representatives of B apartment houses with the scale of 922 households located in Asan City C (hereinafter "the apartment of this case").

B. On September 14, 2013, the Plaintiff entered into a liquefied petroleum gas collective supply management contract with the Defendant (hereinafter “instant contract”).

The chairperson of the council of occupants' representatives of B apartment units (hereinafter referred to as "A") and D representative A (hereinafter referred to as "B") under a contract for collective supply of liquefied petroleum gas collective supply of B apartment units shall enter into a contract for gas supply and facility management as follows:

Article 1 [Scope of Policyholders] (1) The term "A" shall apply to a person who has occupied an apartment by the representative of the council of occupants' representatives of B apartment units and actually uses gas in each household.

(2) "B" shall also apply to a person who succeeds to the status of a collective supplier of D.

Article 2 [Management and Maintenance of Gas Supply and Facilities] (1) Liquefied petroleum gas for collective supply facilities A shall be supplied by “B”.

Article 3 [Limitation of Ownership of Facilities] Storage facilities and ancillary facilities for gas use in a collective supply facility shall belong to "A", and "A" shall be free of charge to "B" during the term of the contract.

Article 4 [Maintenance and Repair of Facilities] (1) Where there are matters requiring correction or supplementation for supply facilities and electric facilities within the contract period of a collective supply facility, “A” shall be notified to “A” and the expenses necessary for correction or supplementation shall be borne by the employer representing “A”.

(2) For the matters referred to in paragraph (1), "B" shall be used on the condition that the employer who represents "A" supplement it.

Article 5 [Restriction on Use of Other Fuel] “A” means gas supplied by “B”.

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