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(영문) 수원지방법원 2020.06.25 2019나88675
손해배상(기)
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. C entered into a gas supply contract with the Defendant, on June 10, 2014, with the trade name of “E” as the person who operates a liquefied petroleum gas supplier in the name of “E,” and with the Defendant, which stipulates that C shall supply liquefied petroleum gas to the Defendant, and the agreed period shall be ten years from the date of commencement of supply (hereinafter “gas,” and the said contract is referred to as “instant gas supply contract”).

C and the Defendant established a facility for smooth acquisition, storage, and handling of gas (hereinafter referred to as the “facilities of this case”) at the Defendant’s workplace in accordance with the above gas supply contract on the same day, and also concluded a contract for the lease of the facilities with the contents of C(10 years from the date of the contract).

(hereinafter collectively referred to as “each of the instant contracts”) b.

The Defendant and C agreed that the terms of the instant gas supply contract shall not transfer all or part of the rights to the said contract without prior written consent to a third party. In relation to the instant facilities lease agreement, the Defendant agreed to compensate for damages for the value of the instant facilities and the profits of C during the remaining contract period (based on the highest amount between the last three months) if the contract is terminated due to a cause attributable to the Defendant even in relation to the instant facilities lease agreement.

C. C transferred the status of a party to the instant gas supply contract to the Plaintiff and transferred the ownership of the instant facilities to the Plaintiff around October 2017 during the instant contract period.

On the other hand, on September 18, 2017, the Defendant sold a square paper of 1680.8m of land for G in Gwangju-gu, Gwangju-gu and its ground building owned by the Defendant to H Co., Ltd. (hereinafter “H Co., Ltd.”), and transferred the Defendant’s workplace around March 2018.

E. The Defendant was supplied with gas from the Plaintiff until March 2018, but did not pay KRW 5,242,317 out of the supply amount.

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