부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The plaintiff is a person who operates a Criju station in Dobong-gu Seoul Metropolitan Government, and the defendant is a company that supplies petroleum products.
The Plaintiff and the Defendant concluded the following contracts:
On April 13, 2009, the date of concluding a basic contract on the supply of petroleum products and the use of trademarks (hereinafter “petroleum supply contract”) (hereinafter “petroleum supply contract”) ① The Plaintiff requested the Defendant to supply petroleum products and use the Defendant brand. The Defendant trusted the intent of the Plaintiff, thereby promising the Plaintiff to supply petroleum products in a stable manner and granting the Defendant’s non-exclusive right to use the Defendant brand.
② During the effective period of this Agreement, the Plaintiff confirms that the entire quantity of the Plaintiff’s petroleum products required is supplied by the Defendant.
(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. With respect to Paragraph 1 of this Article, the Defendant shall notify the Plaintiff of the termination of the contract not later than 30 days prior to the expiration date of the contract, and the contract shall be automatically extended every one year under the same conditions unless the Plaintiff explicitly expresses his refusal to extend the contract by the expiration date.
Article 42 (Compensation for Damages) (3) In the event that any of the provisions of Articles 3(2), 4, 27(2) and (3), 38, and 43(2) of this Agreement is violated, the Plaintiff shall pay to the Defendant the amount equivalent to 30% of the sales of petroleum products supplied by the Defendant to the Plaintiff in the relevant quarter of the year immediately preceding the year or the sales of petroleum products supplied by the Defendant to the Plaintiff in the recent three months as penalty and damages.
On June 1, 2009, the date of concluding the facility support contract (the scale of facility support and installation) ① The defendant shall assist the plaintiff with the facility amounting to KRW 24,830,000.
(excluding value-added tax). Article 6 Stable.