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(영문) 서울중앙지방법원 2018.10.31 2017가합537683
손해배상 등 청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 554,676,748 and the Defendants C from June 13, 2017 to Defendant B, and Defendant B from June 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established on January 6, 1976 for the purpose of engaging in the business of manufacturing, transporting, storing, and selling petroleum products, etc., and the Defendants jointly run the “E stations” located in Busan Jin-gu, Busan (hereinafter “E stations”).

B. On June 17, 201, the Plaintiff entered into a basic contract with the Defendants on June 17, 201, and the Plaintiff had the Defendants operate the gas station of this case using the Plaintiff’s trademark. The Defendants concluded a basic contract on the use of the F trademark and the sale of petroleum products, the main contents of which are to solely purchase and sell the Plaintiff’s petroleum products, with the term of contract from June 17, 201 to June 16, 2016. 2) On September 19, 2014, the Plaintiff entered into a new contract with the Defendants by setting the term of contract from October 1, 2014 to September 30, 2019, the term “basic contract on the use of the F trademark and the sale of petroleum products” identical to the previous contract.

Article 3 (F Trademark Management) (1) The Defendants shall display the symbol mark designed for the purpose of distinguishing the Plaintiff’s trademark and other Plaintiff’s products on the sales facilities, places, and transportation equipment designated reasonably by the Plaintiff, such as the abandonment in the oil station of this case, in accordance with the method of display determined by the Plaintiff, and shall maintain and manage it with the care of a good manager during the duration

Article 4 (Provision of Services) (1) Where the Plaintiff deems it necessary to support the smooth business activities of the Defendants who use the Plaintiff’s trademark, the Plaintiff may provide or restrict all or part of the following services to the Defendants in consideration of whether the Defendants are fully engaged in transactions and their purchase rates:

1. Facilities support services;

5. The Plaintiff is provided with the prescribed supply price determined by the Plaintiff, which is non-high-type gasoline under Article 6 (Types and Prices of Goods) of the Facility Loan Services, (1) of this Agreement.

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