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(영문) 창원지방법원 통영지원 2018.03.27 2017가단21502
손해배상(기)
Text

1. The Defendant’s KRW 70,000,000 as well as annual 5% from April 6, 2016 to April 14, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 2006, the Plaintiff entered into a gas supply contract between the Plaintiff and the Defendant with the Defendant (hereinafter “instant supply contract”).

In the instant supply contract, the Defendant supplied the Plaintiff’s gas at the same time with the leased equipment owned by the Plaintiff (Article 2), and the term of the contract was set from March 1, 2006 to February 28, 2016.

(Article 14) After the conclusion of the instant supply contract, the Plaintiff supplied gas to the Defendant using the gas pipes previously installed by B.

However, around December 2007, the Defendant requested the Plaintiff to install a new gas pipeline, and the Plaintiff completed the installation of a gas pipeline listed in the attached Table 1 (hereinafter “instant gas pipeline”) on May 30, 2008.

The construction cost of the gas pipeline of this case is KRW 70,000,000.

B. On May 13, 2005, the Plaintiff exchanged documents between the Plaintiff and the Defendant with respect to the installation of the gas pipeline in this case, and the Defendant sent to the Defendant a document stating that “gas pipeline shall use the existing pipeline, but determine whether it was used after two years or after the safety inspection after the old inspection, and shall be donated free of charge after ten years after the new installation of the gas pipeline at issue.”

On December 18, 2007, the Defendant sent to the Plaintiff a document stating that “The gas pipe installed in a watch company shall use for more than 10 years the gas pipe installed in a watch company shall be capable of water leakage, and the additional installation shall be inevitable according to the court’s decision to remove the pipe, and the Plaintiff shall cooperate with the Plaintiff on January 1, 2008 to implement the pipeline installation from the main time.”

Accordingly, on December 21, 2007, the Plaintiff’s title “case concerning the replacement of gas pipes and the support of gas pipeline construction charges” to the Defendant, including the Plaintiff’s cost of installing facilities and pipeline construction.

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