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(영문) 인천지방법원 2021.03.19 2019가합63965
물품대금
Text

1. The plaintiff's rehabilitation debtor B corporation shall confirm that the rehabilitation claim is KRW 423,198,372.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. On October 4, 2016, B Co., Ltd. (hereinafter referred to as “stock company”) and D, a wholesaler of liquefied petroleum gas, entered into a contract for free lease of liquefied petroleum gas supply and facilities necessary for gas consumption (hereinafter referred to as “facilities in this case”) with the content that he/she supplies liquefied petroleum gas to B for five years (5 years) and install and rent facilities necessary for gas supply and consumption (hereinafter referred to as “facilities in this case”). D installed the facilities in the workplace of B around October 2016.

B. On May 30, 2017, the Plaintiff, a company engaged in liquefied petroleum gas filling business, wholesale business, retail business, etc., concluded a contract for “acquisition of a contract” (hereinafter “contract for acquisition of a contract of this case”) with the content that the Plaintiff comprehensively transferred the Plaintiff’s status as a supplier of the supply contract of this case and the rights and obligations related to the instant facilities from D, subject to set-off of the Plaintiff’s claim for the purchase price of KRW 430,000,000 against D as an automatic claim against D.

(c)

On June 1, 2017, the Plaintiff and B entered into a new “large petroleum gas supply contract” (hereinafter “instant supply contract”) with the content of supplying liquefied petroleum gas to B. The major content of the instant supply contract is as follows.

Article 2 Price

1. The contract price in July 2017 is -50 won/km 150T when using 110T -60 won/km 150T -70 won/km when using more than 150T, [including value-added tax] linkage at the time of a fluctuation in the price of LPG.

The price of the product may be re-consulted five years after the contract period.

Article 3 Measurement and Payment of Price

2. The settlement of payments shall be made by the 25th of the following month on the last day of each month.

3. The overdue interest rate [5%) shall apply to the overdue interest rate in the payment of the product.

The term of the contract under Article 4 shall be ten years at the time of the contract.

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