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1. The defendant shall pay 43,96,800 won to the plaintiff and 15% per annum from March 4, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 1, 2015, the Defendant: (a) completed business registration under its name; and (b) opened a gas station under the trade name of “C gas station” (hereinafter “instant gas station”) in Yangju-si.
B. On the same day, the Plaintiff drafted a contract under which the Plaintiff supplied petroleum products to the Defendant (hereinafter “instant contract”) as follows, and accordingly, the Plaintiff supplied petroleum products to the instant gas station from April 2015.
o The defendant sells general petroleum products supplied by the plaintiff (Article 2), and purchases all of the products sold at the gas station of this case from the plaintiff (Article 3(1)), and sells and handles them at the same conditions and quality as at the time of acquisition without changing the size and quality of the products supplied by the plaintiff (Article 3(1)).
(Article 3(4). o The Defendant shall not keep and sell the products or mixturess of other enterprisers through the main abandonment, etc. on which the Plaintiff’s trademark is attached (Article 8(4)). If the Defendant violated Article 3(1), 8(3) or (4) of the instant contract, the Defendant shall pay the Plaintiff the following money as compensation for damages:
(Article 15(3). In a case where: (a) the Plaintiff violated an agreement that the Defendant would be provided with the entire amount of petroleum products from the Plaintiff during the relevant quarter sales for the year immediately preceding that the Plaintiff supplied to the gas station; (b) an administrative measure or other sanction that the Defendant would be unable to operate the gas station for a certain period of time; or (c) the Defendant is subject to an administrative measure or other sanction on the grounds related to legal petroleum products, the Plaintiff may immediately terminate the instant agreement with the written notice without a prior peremptory notice.
(Article XVI:2.1, 2, 3). (c)
Article 27 of the Petroleum and Petroleum Substitute Fuel Business Act (Prohibition of Sale of petroleum products that do not meet quality standards) and Article 27 of the Petroleum and Petroleum Substitute Fuel Business Act on September 1, 2015.