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(영문) 인천지방법원 2014.08.22 2013가단43320

손해배상(기)등

Text

1. The Defendant shall pay to the Plaintiff KRW 98,004,034 as well as 5% per annum from May 30, 2013 to August 22, 2014, and from the next day.

Reasons

1. Around April 2, 2007, the Plaintiff entered into a supply contract with the Defendant to supply the entire quantity of petroleum products to the Defendant in the “C gas station” operated by the Defendant (hereinafter “instant gas station”) (hereinafter “instant supply contract”), and the main contents are as follows.

Article 3 (Quantities and Quality) (1) The supplier (Plaintiff) shall provide the buyer with various services related to the goods and the buyer shall supply and deliver to the buyer the goods to be sold at the gas station in order to ensure the stable maintenance of the buyer’s business activities.

(1) The term of this contract is from the date of conclusion to April 1, 2008.

Provided, That where a facility is provided with free of charge, notwithstanding the main sentence, the term of the contract shall be deemed the period until the expiration of the term of the loan for use of the facility.

(2) Unless a party notifies the other party in writing not later than one month prior to the expiration of this contract term, or there is no separate notice for modification of the contract terms, this contract shall be automatically extended every one year on the same terms and conditions.

(3) In the event that a party notifies the termination of a contract under the preceding paragraph, the contract shall be deemed to have been automatically extended unless the contract price and all other claims are paid by the expiration date.

(1) The buyer shall indicate the supplier’s trademark, trade name, service mark, and other symbolic marks which may identify the product concerned (hereinafter referred to as a “trademark”) in accordance with the method of indicating the supplier’s trademark, trade name, service mark, and other necessary places.

(1) (1) If one of the parties fails to perform any of the obligations under this Agreement, he shall compensate for the other party’s damages arising therefrom.

(2) If a party delays the performance of a contractual claim, the principal bank of the due date.