(영문) 서울고등법원 2016.07.22 2015나2008535

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(영문) 서울고등법원 2016.07.22 2015나2008535

약정금 등

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1. The plaintiff's appeal and the claim selected in the trial are dismissed, respectively.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. Basic facts

A. The defendant educational foundation B (hereinafter "the defendant educational foundation") operates the D University, and E, the representative director of the plaintiff, is a person who acquired all assets from G on June 10, 2006, including permission for F's liquefied petroleum gas sales business, place of business, etc.

(b) Conclusion of a contract for the lease of facilities and the supply of LPAS. (Installation and Supply Prices of Facilities)

1. A(F representative G) is to install on the surface display facilities (referring to (2) “the specifications and supply prices of facilities” as referred to in paragraph (2) below) at a place designated by B(D) and supply the surface display price.

2. The price referred to in paragraph (1) shall be adjusted automatically according to changes in the prices of oil refinings and importers.

Article 3 (Term of Contract)

1. A shall supply B with LP gas for seven years from September 1, 2006 to August 31, 2013.

2. A or B shall have expressed to the other party in writing one month prior to the expiration of the contract and, unless the other party expresses his intention to terminate the contract, it shall be deemed to have been renewed under the same conditions for three years.

Article 4 (Ownership of Facilities)

1. During the contract period, A may use a trademark or any other indication indicating that he/she owns the ownership of a facility and owns the facility A;

2. The facilities whose contract term expires may revert to B under the mutual agreement of both parties.

(Provided, That the residual value on the account books shall be paid to A)

1. B shall use facilities free of charge during the contract period;

2. Eul shall ensure that the LP gas to be used for Eul during the term of the contract is purchased from Gap.

Article 7 (Termination) In any of the following cases, A may terminate the instant contract to B:

1. Where Eul violates any of the instant contracts or contracts for the supply of petroleum products concluded between the Parties thereto;

2. He/she becomes insolvent due to his/her default or bankruptcy.

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