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(영문) 대구지방법원경주지원 2016.05.10 2014가단5688
위약금 등
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from December 4, 2014 to May 10, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers) and the whole purport of the pleadings:

The Plaintiff, a company producing and selling gas, supplied industrial gas to the Defendant from 2009, and supplied liquefied gas to the Defendant after installing liquefied gas equipment at the Defendant’s workplace by leasing it to the Defendant, and concluded a contract on July 1, 2014 with the Defendant for the lease of goods and equipment with the following content:

(hereinafter referred to as “instant contract”). Article 2 of the Defendant pays KRW 300,000 per month to the Plaintiff’s liquefied nitrogen using less than 7 tons per month’s minimum amount of use.

In accordance with the agreement between the defendant and the plaintiff under Article 7, the plaintiff shall lend equipment, such as liquid nitrogen storage tank and high pressure pipe facilities at low temperature nitrogen.

Article 9 The defendant and the plaintiff shall promptly compensate for damages when the transaction with the other party is terminated due to the failure to comply with the obligation to supply the product, the obligation to pay the price, the obligation to pay safety, the obligation to comply with the contract period, the obligation to terminate the contract, and other all other contractual responsibilities

Article 11

1. In any of the following cases, the defendant and the plaintiff may terminate the contract at will without a separate peremptory notice:

3) Where the payment that the Defendant would pay to the Plaintiff is overdue for not less than two months, or the transactions between the Defendant and the Plaintiff do not occur normally, due to default, bankruptcy, change of the type of business, or extremely low gas use for not less than three months;

3. In case where any loss has been inflicted on the other party by the above matters, 25,00,000 won for business loss and penalty due to the installation of equipment among them shall be paid in cash.

B. In order to implement the instant contract, the Plaintiff shall bring KRW 4,900,000 into the Defendant’s workplace.

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