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(영문) 수원지방법원 여주지원 2018.05.29 2018가단50388
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,057,398 and the interest rate of KRW 15% per annum from February 6, 2018 to the day of complete payment.

Reasons

Facts of recognition

On June 7, 2016, the Plaintiff and the Defendant concluded a contract for the supply of liquefied petroleum gas and the support of facilities (hereinafter “instant contract”).

The main contents thereof are as follows:

(1) Price of liquefied petroleum gas supply contract (1) : 876 won (the sale price is based on the date of conclusion of the contract, and the Cgas price fluctuation shall apply) (2) compensation standards for damages: The average amount of usage for the last three months x sales closing x contract period x (4) contract period: 10 years from the date of commencement of the gas supply supply contract: Where the contract is terminated on the grounds of the use, etc. of other products within the contract period, the full amount of facilities installed shall be compensated.

(2) Contract term: The Plaintiff, around June 2016, installed gas containers and pipes at the Defendant’s factory pursuant to the above contract, and supplied liquefied petroleum gas to the Defendant.

Since then, there was a dispute between the owner of the land front of the defendant's factory site and the owner of the land, and on September 21, 2017, the owner installed a slab roof on the access road to the defendant's factory, thereby preventing the plaintiff's gas vehicle from entering the defendant's factory.

On September 25, 2017, the Plaintiff requested D to lease the land and ground buildings E to D on September 25, 2017, and the Defendant leased the said land and building from D on September 27, 2017, and thereafter relocated its factory around that time.

Since then, the Defendant terminated the instant contract with the Plaintiff, and entered into a gas supply contract with another gas supplier.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings.

Judgment

With respect to claims for damages, where the plaintiff and the defendant conclude the contract of this case and terminate the contract due to the use of other products and the termination of transaction within the contract period, they will compensate for damages.

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