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(영문) 서울서부지방법원 2016.09.22 2015가단228051

손해배상(기)

Text

1. The Defendant’s KRW 176,218,814 as well as the Plaintiff’s KRW 20% per annum from July 31, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On May 1, 2014, the Plaintiff, as an agent of S-OL, entered into a contract on the use of a trademark and the sale of petroleum products with the Defendant operating the gas station (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 2 (Use of S-OIL Trademark) (1) The plaintiff shall grant the defendant the right to use the trademark, trade name, service mark, design, etc. of S-OL which the defendant deems necessary to operate the S-OIL mark station, and actively cooperate to enable the defendant to display S-OL trademark.

Article 4 (1) (Provision of Services) (1) If the Plaintiff considers it necessary to support the defendant's smooth business activities using the S-OL trademark, it may provide the defendant with all or part of the following flexible and free services:

(e) Advertising and promotional services, such as various product advertising, promotional advertising, provision of free gifts, or events;

(f) Services to provide information systems or system for the operation of gas stations;

(g) trade petroleum products supplied by gas stations and suppliers while the use of S-OL trademark and the provision of S-OL services to gas stations in accordance with Articles 5 (S-OL trademark/service suspension) (1) and 2 and 4, and the terms and conditions of trade are as set out in Article 6.

Article 6 (Types and Prices of Products) (2) (1) Price of the product shall be determined on the date of the order, but the defendant may separately agree with the plaintiff to the extent that the compliance with all Acts and subordinate statutes and the order of fair trade is not undermined.

Article 7 (Quantities of Products) (1) The defendant shall, in compliance with the Act on Fair Labeling and Advertising and other Acts and subordinate statutes, purchase and sell all products from the plaintiff.

§ 18 (Compensation for Damages and Penalty) (1) A party to this contract violates any of its obligations under this Agreement, or performs them without good cause.