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(영문) 울산지방법원 2016.12.13 2015가단62523
손해배상(기)
Text

1. The Defendant’s KRW 15,721,917 as well as the Plaintiff’s KRW 6% per annum from November 3, 2015 to December 13, 2016.

Reasons

(b) the facts of the basis;

A. The Plaintiff is a company engaged in the petroleum wholesale business, and the Defendant is a company engaged in the rental business, such as the petroleum storage tank.

B. On November 5, 2014, the Plaintiff entered into a petroleum storage tank use contract with the Defendant with the following content:

(F) The following charges shall be paid every month after the first cargo storage charges are paid to the tank (TK-706 or sub-subsidiary) with a total capacity of at least 750 KK-706 or sub-subsidiary (TK-706 or sub-subsidiary) of at least 750 KL and the facilities attached thereto, which are the tank and facilities used by the Plaintiff (use tank and facilities) specified in Appendix 1: 12 million won: the first cargo storage charges;

The contract term of tank capacity storage tank 750 K-706 or sub-water 30 million won/months 100,000,000 won * the first cargo storage tank 9). The contract period: November 5, 2014 to November 4, 2015 (including tank washing 10 days)

C. According to the instant use contract, Busan Metropolitan City discovered the fact that the petroleum of another company is stored in the Defendant’s petroleum tank to be used by the Plaintiff. On July 30, 2015, Busan Metropolitan City notified the Plaintiff of an administrative disposition of suspension of business for a period of three months or penalty surcharge of KRW 50 million on the ground of violation of Article 10(4) of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant administrative disposition”).

(2) The Plaintiff submitted a written opinion on the instant administrative disposition notice, and as a result, the Busan Metropolitan City mitigated the said administrative disposition, the Plaintiff paid a penalty surcharge of KRW 25 million to Busan Metropolitan City on November 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 4 (including attachment of provisional number), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1 of the parties is an exclusive use of the plaintiff's letter of confirmation prepared by the defendant's employee.

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