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(영문) 서울중앙지방법원 2018.12.18 2018가단5032244
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (the trade name before the change: C) is a company established for the purpose of filling liquefied petroleum gas, etc. and is a company established for the purpose of manufacturing the Defendant Aluminium processing industry.

[Unified petroleum gas sales contract] The Defendant and the Plaintiff, a seller, enter into a liquefied petroleum gas sales contract (hereinafter “this contract”) as follows:

Article 13 (Termination of this Agreement) (1) If a party to this Agreement violates or unfaithfully performs its obligations as provided for in this Agreement, the other party may demand, in writing or by wire, the correction or improvement thereof, and if there is no correction or improvement measure of the responsible party within 10 days thereafter, the contract may be terminated by written notification.

Article 15 (Support for Facilities) (1) Seller shall install facilities necessary for the buyer to use his product at his own expense.

(2) The authorization and permission procedures necessary for the installation of facilities and buyer to use the facilities shall be performed by a seller at his/her own expense.

(3) A buyer may use the facilities installed and leased by a seller exclusively for handling the products supplied by a seller.

(4) Specific details concerning the installation and operation of facilities shall be prescribed by a separate facility support agreement.

[Facilities Support Contract] The Defendant (user) and the Plaintiff (supplier) enter into a facility support contract (hereinafter “this contract”) with respect to the supply of liquefied petroleum gas to users as follows.

Article 1 (Installation of Facilities) (1) The supplier shall, at his own expense, install the facilities listed in the separate sheet (hereinafter referred to as "facilities") in the Southern Sea Factory for the users' joint use, and shall implement authorization procedures necessary for the installation of the facilities and the use of the facilities by the users.

Article 2(ownership of a facility) (1) Ownership of a facility shall belong exclusively to the supplier, and the user shall belong exclusively to the supplier.

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