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(영문) 인천지방법원 2018.09.20 2017나53258
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at selling liquefied petroleum gas (LPG), etc., and the Defendant is a person who opened and operates a restaurant (hereinafter “instant restaurant”) with the trade name “C” located in Gyeyang-gu Incheon, B and B (B) Dong on April 9, 2014.

B. The previous lessee had been supplied with liquefied petroleum gas by another gas company before the opening of the restaurant of this case. However, the Defendant prepared a new gas supply contract with the Plaintiff while opening the restaurant of this case.

C. On March 2014, the Plaintiff agreed to install a specific facility for liquefied petroleum gas use in advance on the premise that the Defendant entered into a future gas supply contract.

A constructor D (E) applied to the Korea Gas Safety Corporation inspection institution for an inspection of specific facilities using liquefied petroleum gas in accordance with the provisions of the Safety Control and Business of Liquefied Petroleum Gas Act on behalf of the defendant (hereinafter referred to as " Liquefied Petroleum Gas Act"), and completed the above installation work for a period from March 20, 2014 to March 22, 2014.

On May 1, 2014, the Defendant’s mother F entered into, on behalf of the Defendant, a contract for the supply of liquefied petroleum gas and a contract for the supply of facilities (hereinafter collectively referred to as “instant contract,” but the “supply contract” and “lease contract”) respectively, and the main contents are as follows.

The value of the product to be sold by the Plaintiff to the Defendant under this contract is the price agreed upon between the Plaintiff and the Defendant at the time of the supply contract and the price of the oil refinery and the importer is adjusted accordingly, if the price of the product is changed, then the price in paragraph (1) of Article 1 (name of the product, price of the product): 1,844 won per 4,630 won in cubic metres: 4,630 won (including value added tax):

5 The measurement and conversion of products shall not be withdrawn.

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