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(영문) 수원지방법원평택지원 2016.08.09 2016가단1132
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,423,780 to the Plaintiff (Counterclaim Defendant) and its related amount from February 3, 2016 to August 9, 2016.

Reasons

1. The facts subsequent to the facts of recognition are either disputed between the parties, or acknowledged in each entry in Gap evidence Nos. 1 to 3, by integrating the whole purport of the pleadings.

The plaintiff is a legal entity engaged in the sales business of ELPG, and the defendant is a company established for the purpose of remaining food treatment business, collection and transportation business of remaining food.

B. On March 1, 2014, the Plaintiff and the Defendant entered into a liquefied petroleum gas supply contract (hereinafter “instant contract”) and its main contents are as follows.

Article 2 (Period of Contract) The term of this contract shall be five years from March 01, 201 to February 28, 2019.

Provided, That if there is no written notice 30 days prior to the expiration of the contract, the contract term shall be automatically extended.

§ 3(1) The term “natural petroleum gas” in this Agreement means propane gas; 2) the selling price of propane gas supplied by B (the plaintiff, hereinafter the same shall apply) to A (the defendant, hereinafter the same shall apply) shall be MP (factory) 60 won/km.

(As of 03th 2014, the shipping limit of charging stations - VAT 2) 3) The sales angle in subsection (2) above shall apply to the sales angle in proportion to the price fluctuations in major importing companies.

4) If a price change occurs between the order date of the goods and the delivery date, the price at the time when the ownership of the goods is transferred to A. 5) The order of the goods transported by B shall be at least 24 hours.

Section 4(1) A shall purchase from B the entire quantity of the goods sold and handled during the contract period.(2) The ownership of the goods shall be deemed to have been transferred from B to PA small storage tanks established at the place of business of A and to B at the time of delivery.

3 If there is a defect in the quality and quantity of the goods, A shall raise an objection at the time of delivery, and B shall not be liable for any defect which cannot be found at the time of delivery.

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