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(영문) 울산지방법원 2014.08.01 2013가단23968 (1)

손해배상(기)

Text

1. The Defendant’s KRW 42,624,037 as well as the Plaintiff’s annual rate of KRW 6% from July 15, 2013 to August 1, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a corporation mainly engaged in the business of receiving petroleum products from SK Energy Co., Ltd. and selling them in the area south of Busan. The Defendant is a person who operates a gas station with the trade name of “C” in Ulsan Jung-gu Bable block eight lots.

B. On February 27, 2007, the Defendant used the SK trademark at the oil station operated by the Defendant and entered into a “basic contract on the use and sale of petroleum products trademark” (hereinafter “instant basic contract”). The main contents of the instant basic contract are as follows, and the Plaintiff began to supply SK petroleum products to the Defendant from April 30, 2007.

Article 2 (Rights and Duties) (1) The defendant has the right to use the trademark for the business activities of oil stations as it judges that the sale of petroleum products using the trademark of SK would promote to the maximum extent possible the interests of oil stations. The plaintiff shall be entitled to use the trademark for the business activities of oil stations.

④ The Defendant is supplied as SK petroleum products supplied by the Plaintiff under his/her own responsibility in consideration of the use of the trademark of SK and the rights granted by the Plaintiff as consideration for the use of the trademark and the rights incidental thereto.

Article 11 (Service of Providing Facilities) (1) For the efficient business activities of a gas station, SK/Plaintiff may provide the gas station with a trademark display-related facilities (hereinafter referred to as "facilities") at the gas station in accordance with the standards determined by SK, such as singulars, trade names, etc., and other facilities (hereinafter referred to as "facilities") to be used by the gas station without compensation.

Article 17 (Management of Facilities) (1) Gas stations shall perform their duties of due care as a good manager of the facilities referred to in Article 11 (1) on their responsibility, and they shall not change the facilities without the prior consent of SK/Plaintiff.

(2) Gas stations shall sell, lease, or establish security to other persons the place where facilities supported under Article 11 (1) are installed during the term of the contract.