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(영문) 서울고등법원 2018.11.06 2018나2036746

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as that of the judgment of the court of first instance, except for the following “the amended portion of 2.0” and “3.0 additional decision,” and thus, citing this by the main

2. The amended part of the judgment of the court of first instance, 3 pages 14, 3, and 2, shall be amended to “A evidence No. 8, 9, and 2,” respectively.

The first instance judgment’s 3 pages 16 as “from June 2006 to November 2006” is amended to “from June 2016 to November 201, 2016.”

The following shall be added to the 4th page 4 of the first instance judgment.

“The Defendant discussed the method of leasing the instant charging station from the Plaintiff under the same conditions as the terms and conditions presented by other parties, but did not adopt the said method because it concerns about the aggravation of profit and loss under the long-term contract.”

3. Additional determination

A. In a case where the Plaintiff’s assertion that the instant charging station was leased to a third party, the Defendant shall, prior to the expiration of the contract term stipulated in the instant agency contract, maintain human resources and physical facilities necessary for the sale and handling of products with the permission for all kinds of facilities and permission under the relevant Acts and subordinate statutes during the contract term.

When the Defendant wishes to transfer, lease, establish a security, or take any other disposition of the above physical facilities to a third party, it shall notify the Plaintiff in writing not later than three months prior to its enforcement, and when intending to sell or lease the said physical facilities, it shall consult with the Plaintiff regarding the sale or lease.

The obligation to secure and maintain human and physical facilities and the above contract Article 3 (1) of the above contract, and the defendant shall purchase from the plaintiff the whole quantity of the goods sold and handled during the contract period.

Article 7 (6) The defendant shall purchase, transport, store, and store products not supplied or designated by the plaintiff during the contract period.