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(영문) 서울중앙지방법원 2019.01.11 2016가합566851
위약금 등
Text

1. The Defendant’s KRW 6,118,689 as well as the Plaintiff’s KRW 10% per annum from October 4, 2016 to January 11, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on the construction, management and operation of automobile fuel-making business facilities, and production, processing, sale, gas facility management, etc. of bio-captans, and the Defendant is a corporation that carries on passenger transport business, natural gas and automobile parts wholesale business (hereinafter “D”) and carries on business such as urban bus compressed natural gas (CNG) and CBG vehicle parts development and sales business, etc.

B. On January 10, 2010, the Plaintiff entered into the instant supply contract with the Defendant (hereinafter “instant supply contract”) and supplied CBG to D, a consumer designated by the Defendant, and received the payment from D.

The Plaintiff intends to set the fire extinguishing gas generated from sewage treatment plants, etc. and operate and possess facilities to produce CBG, and supply CBG produced by the business operator designated by the Defendant and the Defendant (hereinafter referred to as “consumer”) to the Defendant and the Defendant, and the consumer intends to be supplied with it by the supplier and use it for the business activities of the consumers.

In order to clarify the rights and obligations between the Parties in connection with the supply of CBG under this Agreement, the supplier and the consumer shall consult as follows:

Article 1 (Subject Matter and Place of Supply) (1) The supplier shall supply CBGs produced in the production facilities installed or intended to be installed by the supplier to the user in accordance with the terms and conditions set out in this Agreement, and the consumer shall be obliged to purchase them.

Article 2 (Period of Contract, etc.) (1) The period of this Agreement shall be from June 1, 2010 to February 28, 2018.

(2) The supplier shall serve the calendar from June 1, 201 to February 28, 201.

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