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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 8,583,750 as well as the interest rate from November 14, 2018 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the purpose of liquefied petroleum gas and high-pressure gas sales business.
Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a corporation aimed at manufacturing non-exploitable materials, and Defendant B is a private business entity D, which runs non-exploitable wholesale business, and the representative director of Defendant Co., Ltd.
B. On August 16, 2010, Defendant B entered into a liquefied petroleum gas supply contract with Nonparty B, and this contract consists of a contract for the supply of ELP, the content of which is to supply ELP to the Defendant, and a facility support contract with the content of supporting the facilities to facilitate the supply of ELP supply.
(1) The Plaintiff and the Defendant Company entered into a liquefied petroleum gas supply contract (hereinafter “the second contract”) on July 8, 2016 and issued an inspection certificate upon completion of around September 8, 2010. (c) The rights and obligations of the Plaintiff and the Plaintiff were succeeded to the Plaintiff as of May 1, 201, and Defendant B consented thereto. On July 8, 2016, the Plaintiff and the Defendant Company entered into a liquefied petroleum gas supply contract (hereinafter “the second contract”). The second contract also consists of liquefied petroleum gas supply contract and facility support contract, as the first contract.
At the time of the facility installation under this facility support contract, the Plaintiff dismantled and installed the facility installed under the above first contract.
E. The supply of ELP under the first contract was made only once, and Defendant B did not request the Plaintiff to supply ELP any more than once.
The supply of ELP under the second contract was not made entirely due to the circumstances of the Defendant Company.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to a claim under the primary contract
A. The plaintiff terminated the first contract due to the reasons attributable to the defendant B. Thus, the plaintiff is based on the following provisions under the first contract.