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(영문) 대구지방법원 2020.05.27 2019가단13329
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,00,000 and 24% per annum from October 8, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants are the owners of Friju District E in Daegu Dong-gu E, and concluded a public facility loan agreement with the Plaintiff on October 27, 2009 with the company engaging in petroleum sales, etc.

Upon the conclusion of the above contract, the lessee who leased the above gas station from the Defendants became a party to the contract jointly with the Defendants.

(hereinafter referred to as the "Defendant, etc."). B.

The contents of the above contract relating to this case are as follows:

① The Plaintiff shall use, without compensation, the facilities, including the front and side signboard of the gas station and lighting equipment owned by the Plaintiff to the Defendant, etc., and if the contract is terminated due to a cause attributable to the Defendant, etc., the Defendant, etc. shall pay the Plaintiff the full amount of the above facilities and the amount equivalent to 30% of the amount of the facilities, within 30 days from the date of termination of the contract, and if the contract is not performed, the interest at 24

② The value of the above facility is 2,940,000 won.

3. The above contract shall be effective until October 26, 2014 (five years), and shall be automatically extended for one year unless one of the written notifications of refusal to renew the contract is given at least one month prior to the expiration of the contract period.

(4) During the contract period, the defendant, etc. purchases all products required by the defendant, etc. from the plaintiff.

When violating this, the plaintiff can terminate the contract on the ground of the defendant's fault.

C. The above contract was automatically extended every five years after the period of the above agreement was five years, and the end of October 26, 2019. However, the lessee, who leased and operated the said gas station from the Defendants, was supplied with petroleum products of the Plaintiff’s competition company on May 24, 2019 and sold them.

The Plaintiff terminated the contract by serving a copy of the complaint of this case on the grounds of breach of contract.

[Evidence] Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s claim is a loan for use of the facility.

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