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(영문) 광주지방법원순천지원 2016.01.07 2015가단4171

손해배상금

Text

1. The Defendant’s KRW 52,829,600 as well as the Plaintiff’s annual rate of KRW 6% from March 27, 2015 to January 7, 2016.

Reasons

1. The premise is that the Plaintiff sells petroleum products produced by the KS-Energy Co., Ltd. (hereinafter “SK”), and the Defendant, who operates a gas station from 1,00 city B with the trade name of C gas station, has been engaged in the supply of petroleum products from 205 to the Plaintiff.

② On December 16, 2008, the Plaintiff and the Defendant concluded a facility support contract (hereinafter “instant facility contract”) with the Defendant to support the two main organic households (a total of KRW 7,250,000,000).

The contract of this case stipulates that the contract of this case shall be six years from the date of conclusion of the contract, and the above "6" portion was written as the hand.

③ On December 22, 2009, the Plaintiff and the Defendant concluded a basic contract on the supply of petroleum products and the use of trademarks (hereinafter “instant basic contract”).

(A) Article 3(2) of the instant Framework Agreement provides that “The Defendant confirms that he/she will be supplied with petroleum products of gas stations [full amount] during the term of validity of this Agreement” (Article 3(2) of the instant Framework Agreement).

The term "full amount" portion of the above provision was written as the defendant.

④ Article 42(3) of the instant basic contract provides that, if the Defendant violates Article 3(2), the amount equivalent to (30) percent of the sales of petroleum products supplied by the Plaintiff to the Defendant during the pertinent quarter of the year immediately preceding the year or the sales during the latest three months shall be paid as penalty and damages to the Plaintiff.

The "30" number in the above provision was written as the defendant.

⑤ Article 34(1) of the instant basic contract provides that the term of the contract shall be one year, and that the term of the contract shall be automatically extended once a year, unless a written notice is given one month prior to the expiration of the contract that there is an objection against the extension of the term.

(The part of the above 1 year and 1 month was written as the recipient). Paragraph 3 of the same Article is to be applied to the Plaintiff.