(영문) 부산지방법원동부지원 2016.01.22 2015가단6359

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(영문) 부산지방법원동부지원 2016.01.22 2015가단6359

약정금

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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 20% per annum from March 20, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, with the trade name of “B”, engaged in the industrial gas supply business, including oxygen, supplied gas after entering into a contract for the supply of goods and a facility management agreement with the non-party Seacare Co., Ltd., but the transaction was suspended due to the failure to pay for the same sea disaster.

B. On June 27, 2014, the Plaintiff concluded a facility management agreement with the Defendant to supply gas to the Defendant using the existing facilities used by the East Sea Line Co., Ltd., and installed additional facilities equivalent to KRW 50,000,000 on the existing facilities.

C. On June 27, 2014, the Plaintiff entered into a product supply contract with the Defendant to supply LO2 (unit price 230 won per kg), LCO2 (unit price 270 won per kg), and LPG (unit price 1,430 won per kg) for five years.

(hereinafter “instant contract”). Article 8 of the instant contract provides for the following provisions:

Article 8 (Right to Use Products for Facilities Leasing or Leasing Facilities) (1) The term "B" shall enter into a separate agreement on the lease of facilities with "A" and shall not use the facilities leased to "A for other purposes (trade, transfer, damage, change of the original form, processing, change of the purpose of use, provision of equipment, etc.).

(2) "A" shall purchase and use products provided by "B" during the term of this contract for the facilities provided by "B".

(3) In the event of a violation of paragraph (1), the terms and conditions of this contract shall be terminated, and the entire amount of damages shall be reimbursed to “B”.

(4) Within two years, the amount of capital investment by 100% shall be compensated for when the unilateral transaction of "A" is closed.

On November 2014, the Defendant continued to receive the product supply from the Plaintiff while accepting the said product at the same workplace.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, witness C's testimony, purport of whole pleadings

2. According to each of the above facts of recognition, the defendant is without legitimate cause the plaintiff and the defendant.

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