(영문) 청주지방법원 2018.07.05 2017가단107667

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(영문) 청주지방법원 2018.07.05 2017가단107667

물품대금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 48,543,867 and KRW 32,043,867 among them, from July 1, 2017 to July 5, 2018.

Reasons

1. Facts of recognition;

A. From around 2012, the Plaintiff running “D” supplied liquefied petroleum gas to the Do self-production factory “E,” and leased the relevant facilities. On September 1, 2014, the Plaintiff entered into a facility lease agreement with the representative who acquired “E” and entered into a facility lease agreement with the Defendant B, which is necessary for the supply of liquefied petroleum gas, and the construction of facilities related to the supply of liquefied petroleum gas in the Defendants’ factory (hereinafter “each of the above contracts”), and the Defendant C jointly and severally guaranteed the Defendant B’s obligations under each of the instant contracts.

1) Liquefied petroleum gas supply contract ① Product price: (1) Product price of liquefied petroleum gas: (2) Product price of the F.F. (3): the goods shall be supplied as E-factory storage tank; (6) the Defendant shall make an order and request for shipment from the date on which the Plaintiff intends to take over the goods to the date on which the Defendant intends to take over the goods; and (4) the payment of the price shall be made by the Plaintiff by the end of the month immediately after the end of each month. The payment of the price shall be made by the end of the month. The rate of delay shall be 10% per annum. ⑤ The Defendant’s side may not purchase the goods of the same kind as those purchased from the Plaintiff, except where the supply of the goods was not made on the date on which the Plaintiff wishes to take over the goods due to the Plaintiff’s understanding or the cause attributable to the Plaintiff. 6) The contract period is five years from the first supply date of liquefied petroleum gas: the termination of the contract due to the Defendant’s default on obligations, such as the payment of the price, etc. (Article 10(1).

In such cases, the plaintiff and the defendant should manage the facilities of supplying liquefied petroleum gas leased by the defendant under a contract for the lease of the following facilities.

2. Facilities lease contract (1).

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