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(영문) 대구지방법원경주지원 2015.05.01 2014가합2051
손해배상(기)
Text

1. The Defendant’s KRW 9,44,740 as well as 5% per annum from January 1, 2013 to May 1, 2015, and the next day.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 11, 14, and 15-8 and the purport of all pleadings:

On September 6, 2011, the Plaintiff entered into a contract with the Defendant for the carriage of liquefied gas (BUK) and general Cyinzine Glas goods and for the lease of equipment (hereinafter “instant gas supply contract”) and among them, relevant matters in relation to the instant case are as follows.

Article 2 (Types of Goods) (2) of the Culk 1,374 won/km 250 won/Sgd. 2) of the Culk 250 won of the Fulk 250% of the Culk 1,374 won/km quantity of the Defendant’s factory usage shall be calculated on September 201 and shall be linked to the ex-factory price of each month. This contract shall be calculated from September 6, 201 to September 5, 201, and shall be automatically extended every year if both parties raise an objection thereto three months prior to the expiration of the contract.

2) If one of the parties becomes aware of cancellation upon occurrence of a cause for cancellation during the contract period, it must be notified in writing at least three months prior to the cancellation. The unit price of a product under Article 4 (Price of Products) (1) is the same as that under Article 2 (Kinds of Goods)

2) Adjustment of the unit price: Raw materials and ethyl expenses necessary for the manufacture and supply of goods. Other factors such as changes in related prices may be adjusted through mutual consultation between the Defendant and the Plaintiff, if necessary. Article 5 (Payment of Price) The Plaintiff shall issue a tax invoice after closing the goods supplied each month as of the end and submit it to the Defendant, and the Defendant shall, in principle, pay the amount, including value-added tax, to the Plaintiff in cash within 30 days from the closing date. Article 7 (Location 1) Detailed Statement of Rental Equipment (Place of Rental Equipment) is the same as indicated in the “Certificate of Use of Equipment and Devices.”

2) Place of installation: A place designated by the Defendant. Article 8 (Equipment.)

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