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(영문) 부산지방법원 2017.10.26 2017가합43056
손해배상(기)
Text

1. The Defendant’s KRW 414,491,163 among the Plaintiff and KRW 101,395,680 among the Plaintiff, shall be KRW 255,420,00 from December 10, 2016.

Reasons

Basic Facts

A. The Plaintiff is a company that produces and sells gas such as oxygen, nitrogen, and ale, and the rehabilitation obligor Korea Special Dental Corporation (hereinafter “Korea Special Dental Corporation”) is a steel manufacturer.

B. On December 1, 2010, the Plaintiff entered into a contract for the supply of the special lecture of Korea (hereinafter referred to as the “instant contract”) such as the mountain, nitrogen, nitrogen, difficulty, etc. (hereinafter referred to as the “instant contract”).

The Plaintiff newly constructed gas manufacturing facilities in the steel plant of the Korea Special-Type River located in 68 in Gyeongnam-gun, Gyeongnam-gun, and supplied gas to the Korea Special-Type River through pipes for the supply of the above steel plant.

C. The main contents of the instant contract are as follows.

A product supply contract: Plaintiff B: Korea Special Dental

1. Name of contract: Contracts for supply other than oxygen; and

3. Contract term: contract date ( December 1, 2010) - November 30, 2030 (20 years from contract date) Article 2 / [the payment terms] Article 2 / [the payment terms] Section B shall be paid in the self-denunciation bill as of the 90th day of the following month after the end of each month as of the 20th day following the end of the month.

Article 3 [Terms and Conditions for Supply] (1) A shall supply the necessary quantity to the condition specified in the separate unit price contract specifications to ensure that the supply does not interfere with the operation of the A’s factory by continuous supply. If the supply of the gas production facilities of B is not possible due to changes in operating conditions, urgent maintenance and regular repair, it shall be promptly notified in writing or orally to A, and B may secure and supply necessary liquid products, and the unit price for each liquid product may be adjusted through mutual consultation at that time.

(4) Where the operation of Gap's factory is suspended due to any cause other than force majeure, and the supply of Eul's gas is not conducted, Gap shall make up for the amount equivalent to 60 percent of the standard supply amount agreed with Eul (normally operated standard).

[Act of God] Force Majeure, War, electricity situation, etc.

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