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1. The Defendant’s KRW 80,948,296 as well as 5% per annum from January 3, 2014 to April 10, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Both the Plaintiff and the Defendant are companies engaged in collective supply of liquefied petroleum gas.
B. On December 2011, the Defendant submitted a letter to confirm that the council of occupants’ representatives of the instant apartment complex (hereinafter referred to as the “council of occupants’ representatives”) determined the public bidding to supply liquefied petroleum gas and confirmed that the notice of bid by a liquefied petroleum gas collective supplier was defective and that the result of the said bidding would not be raised a civil or criminal objection.
The plaintiff was selected as a supplier on January 28, 2012 as the result of the above bidding.
C. Accordingly, on January 31, 2012, the Plaintiff entered into a gas supply contract with the council of occupants' representatives by setting the unit price of gas charge of KRW 2,832/metres (including value added tax as of November 201 and value added tax: Provided, That in the event of changes in the import price similar thereto, changes are automatically raised or decreased, and the changes are notified in writing).
However, the Defendant did not comply with the aforementioned request while continuing to supply gas to the apartment complex of this case from February 2012 to November 30, 2013, despite having received a request for gas supply from the council of occupants' representatives and the Plaintiff several times from February 2012, and filed a provisional disposition seeking suspension of the effect of the bid price and the determination of the successful bidder, on July 26, 2012, the said court rendered a decision to dismiss and dismiss part of the said request on July 26, 2012 (2012Kahap24). Although the Defendant filed a complaint and reappeal on the said decision, the said decision was entirely dismissed, and the said decision became final and conclusive as is, as it was, on November 12, 2013.
(Seoul High Court Decision 2012Ra1277, Supreme Court Decision 2013Ma1277). The period between February 1, 2012 and November 30, 2013 by the Defendant.