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(영문) 대전지방법원 서산지원 2018.11.15 2017가합50135
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 155,921,410 and the interest rate of KRW 15% per annum from November 16, 2018 to the date of full payment.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a LPG supply contract with E on May 10, 2006, to receive liquefied petroleum gas (hereinafter “LPG”).

C and E are interpreted to have the nature of a facility leasing agreement (hereinafter “instant facility leasing agreement”) with the following terms and conditions, while deciding to lease gas supply facilities, such as gas storage tanks, fire-fighting devices, conditionings, and compact showers owned by E in C on the same day, but it is intended to enter the terms and conditions written between C and E (Evidence No. 1).

Do also concluded.

E and C, based on a liquefied petroleum gas supply contract in which C purchases the total quantity of its own liquefied petroleum gas demand from E, shall agree on the terms, conditions, procedures, etc. necessary for E to lend additional gas supply facilities to E, as follows:

Article 1 (General Provisions) In accordance with the terms and conditions of this Agreement, E shall install the gas supply facilities in conformity with the relevant laws and regulations to lend them free of charge to C and C shall use them free of charge.

Article 2 (Lease Facilities) The scope of support for facilities and the specifications of facilities leased to E under this Agreement shall be as specified in the specifications of rental equipment.

Article 3 (Provision of Land) C shall lend land necessary for the installation and maintenance of facilities to E without compensation within the place of business of C which is a source of liquefied petroleum gas.

Article 5 (Ownership) The ownership of a facility to be installed and leased under this Agreement shall belong to E, and E may indicate that the facility is owned by E.

Article 7 (Maintenance and Repair) During the term of this Agreement, C shall be responsible for the maintenance and repair of facilities, and the expenses shall be borne by C.

Article 12 (Disposition of Facilities) Where this Agreement is terminated or terminated, C shall take over the facilities at the price mutually agreed between the parties.

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