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(영문) 춘천지방법원 2018.11.29 2017가단53749

채무부존재확인

Text

1. On February 1, 2017, the Plaintiff (Counterclaim Defendant) paid 19,179,480 won to the Defendant (Counterclaim Plaintiff) and KRW 13,679,480 out of the said amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 7, 2014, the Plaintiff: (a) entered into a basic contract on the use of the C trademark and the sale of petroleum products (hereinafter “instant basic contract”) with the Defendant on the trade name of “E gas station” (hereinafter “E gas station”); (b) on February 7, 2014, the Defendant, operating as the oil station with the purpose of refining and selling petroleum products; and (c) purchased the entire quantity of the petroleum to be sold from the Defendant; and (d) the main contents thereof are as follows: (c) Article 2 (C) ① “C” (the name of the Defendant B) deems it necessary for the Plaintiff to operate the C trademark display station during the term of this contract; and (c) the Plaintiff may provide C trademark display station with all or part of the trademark use rights including the C trademark, trade name, service mark, design, etc. (hereinafter “C trademark”), and actively cooperate with C’s purchase of the goods or services to assist C’s purchase of the goods and services (hereinafter “C’s purchase of the goods”).

1. Support services for facilities;

2. The intermediate omission of the services required for maintaining the facilities;

6. Advertising and promotional services, such as various product advertising, promotional advertising, provision of free gifts, or events;

7. When this contract is terminated under Article 5 (Suspension of Use of C Trademark/Service), the gas station shall lose the right to use the C Trademark granted by C, and shall immediately suspend and return the use thereof, and C may suspend all the C Services provided to the gas station pursuant to Article 4.

Article 6 (Types and Prices of Products) (1)