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(영문) 광주지방법원 2017.03.24 2016가합1085

손해배상(기)

Text

1. The Defendant’s KRW 24,570,00 for the Plaintiff and KRW 6% per annum from June 11, 2016 to March 24, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the business of selling, storing, transporting, exporting, and importing petroleum products and related by-products, and the Defendant is a company that operates a new plaza station (hereinafter “instant gas station”) at 777 (Yaamamamdong-gu, Gwangju (hereinafter “instant gas station”) and operates petroleum and alternative fuel retail business.

B. On March 26, 2009, the Plaintiff entered into a basic contract with the Defendant on the mutual use and sale of petroleum products (hereinafter “instant supply contract”) with the content that the Plaintiff would supply the entire amount of petroleum products sold at the instant gas station. Of them, the details relating to the instant contract are as follows.

Article 3 (Basic Matters) (2) During the effective period of this Agreement, it is confirmed that the whole quantity of the requirements required for the defendant's petroleum products is supplied by the plaintiff

Article 12 (Service of Providing Facilities) (1) In order to enhance customer recognition guidance for gas stations and to support efficient business activities, the Plaintiff may provide pools, trade names, etc. and other trademark indication-related facilities determined by the Plaintiff to the Defendant in accordance with internal standards set by the Plaintiff.

② Ownership of the support facilities provided to the Defendant by the Plaintiff pursuant to paragraph (1) of this Article shall belong to the Plaintiff, and the Defendant holds the right to use the support facilities free of use.

(4) Detailed matters concerning supporting facilities shall be determined by a separate written agreement between the parties concerned.

Article 34 (Term of Contract) (1) The term of validity of this contract shall be one year from the date of conclusion.

2. In relation to Paragraph 1 of this Article, the Plaintiff notifies the Defendant of the termination of the contract no later than 90 days prior to the expiration date, and the contract shall be automatically extended one year on the same condition, unless the Defendant explicitly expresses his intention to refuse the extension by the expiration date of the contract.

Article 35 (Termination of Contracts) (1) Where either of the parties violates any of the following matters, the other party may demand in writing that the other party make the correction/improvement thereof: