(영문) 부산지방법원동부지원 2019.07.18 2018가단208903

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(영문) 부산지방법원동부지원 2019.07.18 2018가단208903

물품대금

Text

1. The defendant shall be the plaintiff.

(a) deliver each item listed in the separate sheet;

(b) 89,071,953 Won and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff is a company running liquefied petroleum gas sales business, etc., and the Defendant is a company running a waste disposal business, etc., and the Plaintiff entered into a liquefied petroleum gas supply contract with the Defendant on May 6, 2015, and established each of the items listed in the separate sheet owned by the Plaintiff, which is necessary for supplying liquefied petroleum gas, at the end of the Defendant’s box, with the consent of the Defendant (hereinafter “instant supply contract”).

B. According to the instant supply contract, the Defendant shall check the last day of each month the gas consumption and deposit the gas fee calculated in accordance with the “Stop gas rate table” into the designated passbook by the fifth day of the following month. If the Defendant is in arrears with the gas fee, the Defendant shall pay the overdue charge equivalent to 5% of the overdue gas fee by the end of the same month.

C. From May 6, 2015 to April 30, 2018, the Plaintiff supplied the Defendant with liquefied petroleum gas equivalent to a total of KRW 425,598,408 under the instant supply contract. As a result, the Defendant’s failure to pay part of the gas charge for a long period, the Plaintiff’s gas supply was suspended, and the amount unpaid to the Plaintiff is total of KRW 89,071,953.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11 (including additional numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the instant supply contract was terminated due to the Defendant’s long-term default of gas charges. As such, the Defendant is obligated to deliver each item listed in the attached list owned by the Plaintiff owned by the Defendant to the Plaintiff, and pay the unpaid gas price of KRW 89,071,953, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks from May 6, 2018 to the date of full payment.

B. As to this, the defendant has the supply contract of this case.

참조조문

-소송촉진 등에 관한 특례법

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