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(영문) 인천지방법원부천지원 2016.12.14 2015가단21761
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) is attached to the Plaintiff (Counterclaim Defendant) from among the 17,848 square meters of the Gegro-ri 317-4 Magdong-ri, Gopoon-si, Kimpo-si.

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Basic facts

A. On October 30, 2005, the Plaintiff and the Defendant entered into a gas supply contract with the following terms (hereinafter “instant supply contract to the extent that it does not change the intent of the said contract”). The Defendant’s basic condition for gas supply: All the contracts or agreements shall be in writing.

Contract goods: The supply price of gas of at least 9.99% of liquid known gas, hydrogen, size-netion: 1,100 won per Kg, and hydrogen: 8,000 won per disease (excluding value-added tax).

When a price fluctuation factor occurs within the contract period, it may be adjusted by mutual consent.

The ownership of containers and various facilities: The ownership of gas containers and facilities attached to the Plaintiff that the Defendant leased to the Plaintiff is the Plaintiff.

Contract term: From November 1, 2005 to October 30, 2006, one year shall be automatically extended unless one of the parties does not notify of cancellation in writing one month prior to the expiration date of the contract.

Even during the contract period, both parties may amend the contents of the contract by mutual agreement.

If the other party terminates, violates, or fails to fulfill the obligations of this contract, the other party may terminate this contract with a grace period for one month and may terminate this contract after peremptory notice.

B. In accordance with the instant supply contract, the Plaintiff leased gas containers from the Defendant, and the Defendant installed facilities, such as 31 gas containers and ground gas bags, 2, 2, 3, 4, and 1, etc. (hereinafter “instant facilities”) leased to the part of “A” on the part of “A” connected in order to each point of the table 1, 2, 3, 4, and 1, from among the 17-4,848 square meters in the Gandong-ri, Jeju-si, Kimpo-si, the Plaintiff owned by the Plaintiff.

C. According to the instant supply contract, the Defendant supplied gas to the Plaintiff. As to the unit gas supply price between the Plaintiff and the Defendant, the Plaintiff, from June 2015, had different opinions regarding the unit gas supply and eventually suspended the gas supply from August 2015.

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