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(영문) 제주지방법원 2017.01.10 2016가단4869
임대료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 152,690,850 won and 6% per annum from April 1, 2016 to May 4, 2016.

Reasons

1. In principle, the Defendants, based on fact-finding, purchase all LPG from the Plaintiff during the lease period.

Provided, That in cases where some of the LPGs are inevitably purchased from another charging station due to the circumstances of the Defendants, the purchase amount of the LPG during the beginning of the month shall be notified to the Plaintiff.

o The Plaintiff sets the supply unit price and rent for professional gas to the Defendants as follows:

- Supply unit price: 200 won/km- Rent: 150 won/km- Rent shall be calculated on the basis of propane purchased from the plaintiff and other charging stations. A.

On March 16, 2013, the Plaintiff, a corporation, the purpose of which is LPG wholesale and retail business, entered into a contract for transfer and takeover of LPG sales stores with the following terms in relation thereto, with the Defendants operating the LPG sales store (hereinafter “instant sales store”) and the Plaintiff’s share of 70% on the facilities, business licenses, goodwill, etc. of the instant sales store in KRW 126,000,000: Provided, That the Defendants continued to maintain all the names related to the instant sales store and agreed on the transfer and takeover of the LPG sales store with the condition that the Plaintiff shall pay a fixed amount of monthly rent to the Plaintiff for three consecutive years.

(hereinafter referred to as the “instant contract”) B.

On April 24, 2013, the Plaintiff and the Defendants drafted a written agreement with the content that they settled the entire transfer price as stipulated in the instant contract.

C. The Plaintiff supplied professional gas to the Defendants from May 2013 according to the instant contract, and the dispute arises between the Defendants and the Defendants relating to the interpretation of the supply unit price. From November 2013, the Plaintiff suspended the supply of professional gas to the Defendants. Accordingly, from November 2013 to March 2016, the Defendants purchased the total amount of professional gas 1,017,939kg from Jeju-U.S. and our Non-K Energy.

【Unsatisfy-based dispute”, Gap 1 through 5

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