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Reasons
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(영문) 전주지방법원 군산지원 2018.06.07 2017가단53185
물품대금
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1. As to KRW 19,398,849 and KRW 8,398,849 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 11, 2016 to June 7, 2018.

Reasons

1. Facts of recognition;

A. On May 26, 2014, the Plaintiff entered into a contract with the Defendant for liquefied petroleum gas supply with the content that the Plaintiff supplies liquefied petroleum gas (protruding gas) to the Defendant for five years.

(hereinafter “instant supply contract”). Article 1(2) of the instant supply contract provides that “The selling price of the goods supplied by the Plaintiff shall be KRW 1,542 won/km (including VT), and shall be adjusted in proportion to the price fluctuation of the factory of the import and oil refinery (SKG)” (as of May 2014), and the said provision provides that “1342” shall be included next to the said provision.

(1,342 won is the tax supply price of SK Gas as of May 2014. The payment is stipulated to pay in cash for 10 days after the shipment.

[Article 2 (3) of the Supply Contract of this case]

On May 26, 2014, the Plaintiff agreed with the Defendant to install facilities for smooth acquisition, storage, and handling of liquefied petroleum gas products, and entered into a contract for the lease of facilities with the content that the Plaintiff agreed to use the facilities as stipulated in the contract.

(hereinafter “instant loan agreement”). Article 6(2) of the instant loan agreement provides that “If the Defendant’s unilateral termination or the purchase of LPG from the Plaintiff does not exist for at least three months, the Plaintiff is entitled to remove the facility, and the Defendant shall compensate the Defendant for the damages for the Plaintiff’s investment cost.”

The Plaintiff, in accordance with the instant loan agreement, installed a 2.9 ton cream tank in the farm run by the Defendant, and installed the pipe, and the construction cost is KRW 11 million.

C. According to the instant supply contract, the Plaintiff supplied liquefied petroleum gas to the Defendant from July 31, 2014 to January 21, 2016, and the Defendant paid the sales proceeds to the Plaintiff. The sales price was the amount calculated by adding 200 won to the supply price of propane gas from the SK Gas.

However, the defendant.

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