(영문) 대전지방법원천안지원 2017.08.30 2016가단114565

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(영문) 대전지방법원천안지원 2017.08.30 2016가단114565

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 1, 2013, the Defendant concluded a contract with B (mutual C; hereinafter “C”) to supply liquefied petroleum gas to C, and the Defendant concluded a contract to lease equipment with C for the purpose of gas supply.

The main contents of the equipment lease contract are as follows:

A representative B (A) of the equipment lease contract and the defendant shall conclude a equipment lease contract in order to supply liquid carbon, etc. as follows:

[C] Article 1 Lease Equipment and Place of Installation

1. Period and termination of Article 5 of the current status of lease equipment and installation works (Provided, That the total value of equipment shall be 15,000,000 won);

1. The contract term shall be five years after the conclusion of a contract;

When the contract expires, it shall be a re-contract only once a year.

2. The contract term may be terminated after notification when the contract term is violated during the same contract term, and even if the two are subject to prior agreement, this shall not apply;

This contract entered into with regard to the supply of liquefied petroleum gas by the Defendant of a liquefied petroleum gas supply contract and the Plaintiff’s supply of liquefied petroleum gas to C is proved to the effect that the Defendant purchased from the Plaintiff the total required amount of liquefied petroleum gas handled by the Plaintiff and promised to supply it.

Article 7 (Obligation to Notify) (1) When the defendant intends to close or suspend his business, he shall notify the plaintiff in writing three months prior to the execution of the business. (2) The defendant shall notify the plaintiff without delay in the following cases:

Change of Representative

(b) Change of trade name, address, or place of business to Article 8 (Period of Validity of this Agreement) shall be deemed to be maintained until the expiration of the C Agreement.

Article 9 (Termination of Contract) 1 The plaintiff may terminate this contract after the peremptory notice in any of the following cases:

When the defendant did not perform this contract;

B. The date of payment by the defendant.

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