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(영문) 수원지방법원 2016.09.06 2015나46093
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On August 29, 2013, the Plaintiff entered into a contract for the safe supply of liquefied petroleum gas (hereinafter “instant contract”) with the Defendant for the supply of liquefied petroleum gas to 16 households in Pyeongtaek-si E (hereinafter “instant multi-family house”) by means of physical sale (hereinafter “instant contract”), and supplied liquefied petroleum gas using the supply and consumption facilities owned by the Plaintiff (hereinafter “facilities in this case”).

B. The important matters stipulated in the instant contract are as follows.

If the defendant is supplied with gas from the plaintiff by using the supply facilities owned by the plaintiff for the costs of the supply facilities and consumption facilities (in cases of physical sale, referring to the facilities from the container withdrawal to the measuring instruments), no separate user fee shall be imposed for the use of such facilities.

However, if the contract period is not determined at the defendant's request, the plaintiff may impose the user fee, and if it is necessary to change, exchange, repair, etc. the supply facilities due to the defendant's circumstances, the user fee shall be borne by the defendant.

In the case of physical sale, the installation, alteration, etc. of consumption equipment (referring to equipment from the outlet of measuring instruments to the combustionr, in the case of weight sale, from the outlet of container to the combustionr) shall be borne by the defendant.

The defendant shall not be supplied with gas from other gas suppliers with equipment owned by the plaintiff.

Where the supply facility is installed at the plaintiff's expense due to the method of sales at the contract price and the supply facility is installed at the plaintiff's expense, the first safety supply contract entered into with the plaintiff shall be at least one year (two years for housing), and all supply facilities and consumption facilities shall be installed at the plaintiff's expense.

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