(영문) 춘천지방법원 2017.03.09 2015가단8530

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(영문) 춘천지방법원 2017.03.09 2015가단8530

대여금 등

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1. The Defendant shall pay to the Plaintiff KRW 65,214,667 as well as KRW 24% per annum from October 30, 2015 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Eul evidence No. 4, and Eul evidence No. 1.

On June 1, 2013, the Plaintiff and the Defendant concluded a liquefied petroleum gas supply contract (hereinafter “the first supply contract of this case”) with the following terms.

1) The Plaintiff shall supply liquefied petroleum gas to the Defendant, and the Defendant shall purchase the entire amount of required products from the Plaintiff, and the Defendant shall not purchase other products without the Plaintiff’s prior approval. 2) The Plaintiff may provide the Defendant with financial support following the supply of liquefied petroleum gas and subsidize the amount agreed by the Plaintiff and the Defendant as interest-free

3) The Plaintiff shall pay the amount of the goods to the Defendant in cash within five days after the completion of each ten-day unit. 4) The unit price that the Plaintiff supplies to the Defendant shall be determined at the price separately agreed between the Plaintiff and the Defendant.

5) It shall be effective for two years from the date of the conclusion of this contract, provided, however, that unless a party does not notify the other party of the termination of the contract in writing two months prior to the expiration of the contract, the previous contract period shall be automatically extended. 6) The content of the breach under this contract is as follows: (a) where the Defendant purchases another company's products without the Plaintiff's prior approval; (b) where either party violates the contract period; (c) where the Defendant has delayed the repayment of support funds and the settlement of the price of the goods, the violating party shall compensate the other party for an amount equivalent to 24% per annum for the balance of the loan and the price of the goods, as damages for breach of this contract.

8 If either Party has violated this Agreement, it shall not be renewed upon the expiration of this Agreement.

유사 판례

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-인천지방법원 2014.08.22 2013가단43320

-서울고등법원 2016.05.12 2015나28649

-서울북부지방법원 2015.10.15 2014가합738