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(영문) 부산지방법원 2015.11.26 2015가단219074
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 13, 2011, the Plaintiff entered into a contract with the Defendant to be supplied with liquefied petroleum gas (hereinafter “instant contract”) with the Defendant, and from February 20, 2012, the Plaintiff was supplied with gas from the Defendant, and the gas price was calculated once a month based on the amount of use inspected.

B. According to the instant contract, the Plaintiff’s payment of gas volume, unit price, and the Defendant’s payment to the Defendant is as shown in the attached Form “BLG transaction details.”

C. The supply price per kg of liquefied petroleum gas (including value-added tax) supplied by the Defendant to the Plaintiff from March 2012 to April 2015 is as shown in the attached Form “LPG balance sheet.”

(Bvat "Bvat" in the attached Table d.

The price at the place of business of filling liquefied petroleum gas (including kg price and value-added tax; hereinafter the same shall apply) between Busan and Ulsan regions, which are the sites of flexible information service provided by the Korea National Oil Corporation, is the same as that at the average price at the LPG charging station [regional] (Evidence No. 4; hereinafter referred to as “culp price”) by region, and the sales place price at the same period between the same period is “the average sales price by region (Evidence No. 2; hereinafter referred to as “sale price”) by region.”

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, 2, Eul evidence 3-1 to 38

2. Summary and determination of the Plaintiff’s claim

A. The summary of the Plaintiff’s claim (1) The supply price in the instant contract shall be calculated according to the “market price”. In light of the size of the contract in this case, details of the transaction, etc., the “market price during the market” shall be deemed the price at the charging station, and accordingly, the Defendant is obliged to supply the Plaintiff with gas by fixing the price equivalent to the charging price.

(2) However, the Defendant’s supply price is based on the Ulsan-si area or another company.

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