logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2017.05.17 2016가단8618
가스대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff is seeking the payment of gas price to the defendant.

In addition to the statement No. 1’s overall purport of pleading, the Plaintiff may recognize the fact that the Plaintiff supplied gas equivalent to KRW 54,655,390 to a factory located at the seat of the Defendant’s principal office from March 25, 2013 to June 19, 2015.

However, in addition to the purport of the entire pleadings in the written evidence Nos. 1 and 2, the Defendant leased a factory located at the seat of the head office to B on September 23, 201, and operated the factory from B to B, and the Plaintiff and B concluded an agreement with the Defendant to the effect that, around July 10, 2013, the Plaintiff and B paid the gas supplied by the Plaintiff after September 201, and the Plaintiff would not claim the gas price to the Defendant.

The Plaintiff knew at the seat of the Defendant’s headquarters that gas was supplied while operating the factory, and was paid the gas price from B.

It is difficult to view that the Plaintiff supplied gas to the Defendant solely on the ground that the Plaintiff supplied gas to the factory located in the headquarters of the Defendant Company, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the Plaintiff’s assertion on the premise of gas supply against the Defendant.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

arrow