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(영문) 대구지방법원 2018.07.05 2017가합206421
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 162,60,302 and KRW 128,595,636, respectively, from September 14, 2017 to September 2018.

Reasons

1. Facts of recognition;

A. On January 6, 2011, the Plaintiff entered into a petroleum product supply contract with Defendant C and D with the purport that Defendant C and D would purchase the entire quantity of the petroleum products required for the former F station located in the Gu and Si E (hereinafter “instant gas station”).

B. On September 27, 2011, the Plaintiff entered into a contract for the loan of use of facilities (hereinafter “instant loan of use”) with Defendant C and D, with the content that the Plaintiff lends a total of KRW 41.8 million to Defendant C and D without compensation (i.e., KRW 38 million value-added tax of KRW 3.8 million) and the Plaintiff entered into a contract for the loan of use of facilities (hereinafter “instant loan of use”) with a total of KRW 1,161,600,000 at the instant gas station (i.e., value-added tax of KRW 1,0560,000) with the content that the Plaintiff entrusts the storage of custody to Defendant C and D, respectively.

The specific contents are as follows:

[Case 1] Article 1 / [Construction of Facilities]

1. Under the terms and conditions set out in this Agreement, “A” (hereinafter referred to as “A”) shall use a facility to “contractor” (hereinafter referred to as “Defendant C and D” in the instant consignment management agreement”) and “contractor” shall use the facility for the handling or sale of petroleum products supplied by “A”.

Section 2. [Period of Contract] This Agreement shall become effective from September 27, 201 to September 26, 2016, and, in the absence of a written notice by either of the parties not to extend this Agreement one month prior to the expiration of the contract term, this Agreement shall be automatically extended every one year under the same conditions.

Article 4 【ownership】

4. Where this contract period expires without early termination, “contractor” shall, at the option of “A”, acquire the facility at reasonable prices in the book value or market of “A” for the facility.

The term "contractor" means the entire price of a facility.

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