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(영문) 수원지방법원 2018.02.01 2016가단35839
손해배상등
Text

1. The Defendant’s KRW 8,049,686 with respect to the Plaintiff and 6% per annum from September 23, 2016 to February 1, 2018, and the next day.

Reasons

1. Basic facts

A. From July 15, 201, the Plaintiff is a person operating LPG high-pressure gas supply business, etc., with the trade name “C,” and the Defendant is a person who completed registration of preservation of ownership as to each of the sub-sections of E-owned houses and multi-unit buildings of E-owned houses, which are D ground-based collective buildings, in the e-owned on December 5, 1997.

On March 6, 1999 with respect to the operation of G-ground E-Housing, H on March 6, 199, and the J completed each registration of initial ownership on October 27, 1998 with respect to each of the sub-sections of the I-ground E-Housing, an aggregate building.

(hereinafter referred to as the “E Housing”). B. the foregoing E Housing (hereinafter referred to as the “E Housing”).

The Plaintiff supplied ELP high-pressure gas to each Section of E Housing from August 201 to July 2015.

C. On July 24, 2015, the Defendant sent to the Plaintiff a certificate of content demanding the removal of gas facilities by July 30, 2015, on the ground that the Defendant was to be supplied with gas from Solokik Co., Ltd. to E-house.

When a liquefied petroleum gas filling business entity and a liquefied petroleum gas dealer sell liquefied petroleum to general consumers or a business entity entrusted with transporting liquefied petroleum gas supplies liquefied petroleum gas to general consumers, they shall comply with the supply methods prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

"Supply methods prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in Article 34 (Supply Methods) of the Enforcement Rule of the Safety Control and Business of Liquefied Petroleum Gas Act means attached Table 13.

Attached Table 13. D.

When a contract is to be terminated for reasons other than cancellation of the contract and removal of supply facilities 4) 3, a container gas consumer shall compensate for expenses, etc. for removal of facilities installed by a gas supplier according to the methods prescribed in attached Form 50.

Provided, That this shall not apply where a gas supplier who intends to newly supply liquefied petroleum gas to the relevant container and gas consumer wishes.

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