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(영문) 전주지방법원남원지원 2016.07.27 2015가단11176
유체동산반환 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) A container 20 km of liquefied petroleum gas manufactured after 2013, 372 and 50 km of the container.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff, from May 1, 2010 to the date, entered into a supply contract under which the Plaintiff would continue to be supplied with liquefied petroleum gas by the Plaintiff (hereinafter “instant supply contract”) on April 29, 2010, with the trade name “D,” and the Defendant was a person who sells liquefied petroleum gas (LPG) from the Namwon-si to the end of June 2015. The Plaintiff and the Defendant entered into a separate contract for the container management of liquefied petroleum gas containers (hereinafter “instant container management contract”) on the same day, and the details related to the instant case are as follows.

The LPG container management consignment contract (Evidence 5) shall be concluded between the plaintiff and the defendant on the basis of Articles 43 and 20 of the Enforcement Rules of the Safety Control and Business of LPG Liquefied Petroleum Gas Act (legal basis) Article 1 (Evidence 5).

Article 2 (Terms of Contracts) The management of LPG containers owned and managed by the Defendant shall be entrusted to the Plaintiff.

Article 3 (Scope of Entrusted Affairs) The scope of affairs entrusted to the plaintiff among the defendant's container management affairs shall be as follows:

1. Legal re-inspection of containers;

2. Replacement of containers when the reinspection is not passed;

3. A container for at least 26 years shall be excluded from entrusted management.

Article 4 (Entrusted Management Expenses)

1. Legal re-inspection expenses, etc. of containers;

2. The entrusted management expenses shall be adjusted to the amount calculated according to the quantity of inspection at the transaction price at the time of conclusion;

Provided, That the entrusted management expenses may be modified or adjusted by giving prior notice to the defendant according to changes in market conditions, re-inspection expenses, changes in the prices of credit instruments, etc.

Article 7 (Term of Validity) The term of validity of this Agreement shall be one year from May 1, 2010 to April 30, 201, and from the expiration date when one of the parties does not notify the other party of termination before the expiration of the Agreement.

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