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(영문) 대구지방법원 경주지원 2018.02.01 2016가합2871
손해배상(기)
Text

1. The Defendant’s KRW 254,446,820 for the Plaintiff and KRW 6% per annum from December 1, 2016 to February 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the objective of supplying urban gas, etc., and the Defendant is a corporation with the purpose of assembling and constructing metal structures and manufacturing plants.

B. On June 8, 2012, the Plaintiff entered into an urban gas supply contract with the Plaintiff and the Defendant’s factory in the Defendant and the Defendant’s factory in Samsung-si (hereinafter “instant factory”).

(3) The contract for the supply of urban gas (hereinafter “instant contract”)

2) Of the instant contract and the Plaintiff’s gas supply regulations (hereinafter “instant provisions”), the part relating to the instant issues is as follows.

[The contract of this case and the provision of this case] Article 6 (Supply of Gas and Payment of Price) (1) of the contract of this case is an amount of gas supply and delivery through the gas measuring apparatus.

(2) The amount of gas consumption shall be calculated by checking gas measuring instruments under the presence of the supplier or a person designated by the user once a month.

(4) The measurement of Indian gases shall be the quantity converted into the standard condition by the gas measuring instrument.

Article 15 (Other) (1) Where urban gas supply regulations approved by the Urban Gas Business Act and the Gyeongbuk-do are amended, the amended supply regulations shall apply without any separate modification contract.

(2) This contract shall not lose its effect unless gas is supplied, and matters not specified in the terms of the contract shall be governed by the Urban Gas Business Act and the Urban Gas Supply Regulations approved by the Gyeongbuk-do.

Provided, That if there is an objection, it shall be subject to mutual agreement, and if there is no agreement, it shall be subject to interpretation by the competent authority or the competent district court.

Article 8 (Observance of Contracts) (1) Gas users shall comply with the following provisions:

1. The gas rates and other various amounts collected under these provisions shall be paid within the time limit;

2. The management of gas supply and facilities for use shall fulfill the duty of due care as a good manager;

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