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(영문) 서울중앙지방법원 2016.06.10 2015나74311

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant, as the owner of the gas station B located in the wife population in Young-si (hereinafter “the gas station in this case”), has leased and operated the gas station in this case to a third party.

B. On October 13, 2011, the Plaintiff entered into a contract with the Defendant for the installation and consignment management of a lighting facility of the gas station (agradide private guide; hereinafter “instant towing facility”) owned by the Plaintiff (hereinafter “instant entrusted management contract”) and installed the instant goods at the gas station around that time.

The details of the above contract are as follows.

Article 1.(Installation of Dogpboards)

1.In accordance with the terms and conditions set out in this Arrangement, the term “on the face” (Plaintiff) shall install a glars with the consent of “contractor” (Defendant) and shall keep them in custody to “contractor” and shall be entrusted to management.

Provided, That the "contractor" shall not claim the remuneration to the "on the face", and shall perform the entrusted affairs for storage without compensation.

3.The term "on the face" shall be set up in the principal station site of "contractor" with the following glocks:

This Agreement is effective from October 13, 201 to the expiration date (including extended contract period) of the petroleum product supply contract term (including extended contract term) entered into separately between the “Nedae” and the “contractor” as from October 13, 201, and if no written notice is given by either of the parties that one of the parties will not extend this Agreement by 2.4 million won, F/F 1,3250,000 won, in total, by 1,5650,000 won, this Agreement shall be automatically extended under the same condition [one year].

Article 5 (Indemnification)

2. Where this contract has been terminated due to a cause attributable to “contractor”, it shall return the original material to “on the face” as it is entrusted, but in consideration of the fact that the return of the original material is practically impossible, it shall compensate for the value in lieu of return of the original material, and at this time, the “contractor” shall be the entire amount of the facility as provided in Article 1(2).