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(영문) 의정부지방법원 2015.12.03 2015나10357
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 22, 2013, the Plaintiff entered into a contract for “LPG pipeline facilities and gas supply” (hereinafter “instant contract”) with the Defendant as follows.

Consumers: B and representative A (Defendant) supplier: Gyeong Energy Co., Ltd. (Plaintiff Supplier) free of charge: Specific details are as follows:

The sum table 150,00 won containers of KRW 250,000 for 250,000 for mera, 250,000 for mera, 250,000 for mera pipes of KRW 320,000 for Pipe pipes of KRW 150,000 for personnel expenses of KRW 150,000 for 270,000 for Dua pipes of KRW 100,000 for Dua. 270,000 for meal expenses of KRW 1,790 for 1,790,000 for b. 2. The contract period is 60 months from the contract date.

6. When intending to convert the right to supply to another supplier during the contract period, the full amount of the facility cost borne by the supplier must be refunded in cash immediately and the leased LP container shall be immediately returned.

7. Where a consumer receives LP gas from another supplier without notice of termination of the contract, the supplier shall compensate for twice the facility expenses incurred in the facilities without compensation by the supplier.

(hereinafter omitted)

B. On August 22, 2013, the Plaintiff installed facilities worth KRW 1,790,000 to supply gas to the Defendant under the instant contract.

(B) The Defendant asserts that the Plaintiff used the existing facilities installed by the Plaintiff to C, the former owner of the B store, but the entries in the evidence Nos. 2 through 6 are insufficient to reverse the recognition.

The Defendant received gas supply from the Plaintiff from August 22, 2013 to January 2, 2014.

The Defendant did not notify the Plaintiff of termination of the contract, and received LP gas from other suppliers from February 8, 2014 to the present date.

【Fact-finding without a dispute over the ground for recognition】 Each entry of Gap evidence 1 through 3, 8, 9, 10 (including provisional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.

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