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(영문) 인천지방법원 2014.09.17 2014나8233
손해배상(기)등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. On April 1, 2011, the Plaintiff borrowed the name of H and entered into a loan agreement for the supply and demand of gas and for the use of gas facilities (hereinafter “instant agreement”) with the co-defendant B Co-Defendant B Co-Defendant B (hereinafter “B”) of the first instance trial. As a cycle of supplying gas to B, the Plaintiff entered into the said agreement with the Plaintiff as follows.

10,000,000 won out of the construction cost of gas facilities with three tons of the expected gas use volume per month during the contract period of five years, shall be borne by B, and the remainder shall be repaid 400,000 won per month; and

B. B The gas price unpaid from April 17, 2012 to March 16, 2013 is KRW 29,002,945, and the construction price for gas facilities unpaid is KRW 18,60,000.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. The reasoning for the court’s explanation on this part is as follows: “A decision on the Plaintiff’s primary assertion” and “C. A decision on the Plaintiff’s preliminary assertion” are as stated in the main text of Article 420 of the Civil Procedure Act, and thus, we accept it in accordance with the main text of Article 420 of the Civil Procedure Act.

3. The reasoning of the judgment of the first instance court for the dismissal or addition is as follows: “A. Determination as to the Plaintiff’s primary argument” under Section 4 of the 4th ground for appeal; “A. Determination as to the Plaintiff’s primary argument” under Section 11; and “B. Determination as to the Plaintiff’s preliminary argument” under Section 11.

The following shall be added to the 5th day following the reasoning of the judgment of the first instance.

The Defendant’s “The document of this case” refers to the document No. 3-1 (the resignation resolution of the representative director; hereinafter referred to as “the document of this case”) that the Defendants jointly dealt with in the future B contains the declared meaning and is binding only among the members inside the Defendants. Thus, the document of this case was prepared by the Defendants, thereby constituting B’s obligation.

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