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(영문) 서울동부지방법원 2017.04.20 2016가단100622
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ status as a company engaged in urban gas customer management agency business, urban gas construction business and equipment business, etc. Around December 30, 2003, the Plaintiff was established with the trade name, Gyeongjin Energy Co., Ltd., and began its business from January 1, 2004, and its trade name was changed to the Plaintiff on June 2, 2015.

Defendant Bosco Co., Ltd. (hereinafter “Defendant 1”) is a company that exclusively supplies urban gas in the 11-gu Seoul Eastbuk-gu (Jong-gu, Seongdong-gu, Jongno-gu, Dongdaemun-gu, etc.) and four North East East-dong, Gyeonggi-do (Seoul-si, Mayang-si, Macheon-gun, and Yangyang-si), and Defendant Bosco services (hereinafter “Defendant 2”) are Defendant 1’s subsidiaries holding 100% of the shares, and the management agency is an urban gas demand management agency that provides services, such as certain management support, provision of various goods necessary for the establishment and operation of customer centers, and provision of computer services, and receives service fees in return.

B. On January 1, 2004, Defendant 1 entered into a contract for the operation of the Seodaemun District Management Office between the Plaintiff and Defendant 1 on the operation of the Seodaemun District Management Office (hereinafter “instant contract for the operation of the customer center”) with the Plaintiff on 39 Dong-dong, including the Seoul Jung-gu officer Dong, Jongno-gu officer, and 38 Dong-dong, including Jongno-gu Air conditioning, and eight Dong-dong-gu, including Seodaemun-gu, Seodaemun-gu, and eight Dong-gu, and had the Plaintiff conduct customer management affairs, including taking preventive measures, such as the receipt and treatment of customer inconvenience, installation and removal of urban gas supply facilities, repair, replacement of machinery and facilities, legal regular safety inspection, gas leakage inspection, etc., notification of gas consumption inspection and notice, and gas charge collection and management.

In return, the Plaintiff received commission fees from Defendant 1.

C. Each contract between the Plaintiff and Defendant 2

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