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1. Defendant C shall pay to the Plaintiff KRW 85,958,586 and the interest rate of KRW 15% per annum from March 2, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs a liquefied petroleum gas supply business, etc. under the trade name of “E” in “E,” and Defendant C is a person who has completed his/her business registration with the trade name of “G” located in “G,” in “G,” in the
(hereinafter referred to as the “G”). (b)
On March 31, 2012, the Plaintiff and Defendant C (F: G) entered into a contract for the supply of LPG gas (LPG) in the name of G (hereinafter “instant workplace”) with the term of gas supply, setting at five years from the date of gas supply, gas charges of KRW 1,860/km (hereinafter “instant supply contract”), and the Plaintiff entered into a contract for the supply of LPG (LPG) under the name of Defendant C (Trade: G) with the purport that “the Plaintiff designates the Plaintiff as a liquefied petroleum gas supplier to the instant workplace and recognizes the right to use and manage the instant supply facilities for ten years.” The contract for the leased facilities prepared in the name of the Plaintiff and Defendant C (Trade: G) with the Plaintiff and Defendant C (mutual name) was to install and lease the facilities to the Defendant C (F) and supply liquefied petroleum gas, and the value of the facilities is the total amount of KRW 46,800,00 (Additional tax) and the amount of the facilities must be described in the name of the Defendant C (B).
C. Around that time, the Plaintiff installed facilities necessary to supply ELP at the instant workplace, and supplied ELP gas from April 17, 2012 to May 2015; thereafter, the instant supply contract terminated due to G’s circumstances; and as of the end of the said transaction, the amount to be attempted is KRW 39,158,586.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Claim against the defendant B
A. Defendant B’s assertion is a party to a contract that entered into the instant supply contract with the Plaintiff as a substantial operator of G, and is supplied with gas.