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(영문) 서울동부지방법원 2020.12.02 2020나20922

손해배상등

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

Basic Facts

On November 1, 2018, the Plaintiff (the parties involved in the transaction with the Defendant) entered into a petroleum products sales agency contract with the F Co., Ltd. (hereinafter referred to as “F”) and G Co., Ltd. (hereinafter referred to as “G”) and sold petroleum products to the gas stations after being supplied them with oil products by the said companies, which were divided into a gas station and established by the Plaintiff. Since the Plaintiff took over the instant lawsuit, the Plaintiff did not distinguish A Co., Ltd. and the Plaintiff for convenience.

Around 2010, the Defendant purchased a gas station located in Kimhae-si D (hereinafter “instant gas station”) located in Fpool, and thereafter was supplied petroleum products with various similar or its agents, including F original branch, while operating the gas station of this case from around that time. From June 2015, the Defendant began trading petroleum products with the Plaintiff even from June 2015.

The Plaintiff requested the F Changwon branch to transfer F petroleum products to himself/herself for the instant gas station. However, F Changwon branch rejected this request and removed F Pool, which was installed at the instant gas station around December 2016.

On December 19, 2016, the Plaintiff requested G to install a facility, such as pool, at the instant gas station.

G On January 19, 2017, between the Plaintiff and the instant gas station, the Plaintiff entered into a contract for the entrusted management of the instant gas station (hereinafter referred to as “instant entrusted management contract”) with a facility, such as a G spora, sporad, spod, and channel spora (hereinafter referred to as “G spods, etc.”) at the instant gas station, and the Plaintiff completed the installation of a G spods, etc. at the instant gas station around that time.

G on November 12, 2019, on the ground that there was no record of purchasing G petroleum products for 21 months during 34 months after the gas station in this case was installed with G spool, etc.