Text
1. Defendant A’s KRW 49,00,147 as well as 6% per annum from April 17, 2014 to April 2, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells petroleum products, etc., and Defendant A is a person who owns D located in Kimpo-si C (hereinafter “instant gas station”).
B. 1) On April 6, 2009, the term of the contract with Defendant A and the term of the contract from May 10, 2009 to May 9, 2014, the term “basic contract for the use and sale of the Plaintiff’s products” under which Defendant A received the Plaintiff’s trademark and various services and is to purchase and sell the Plaintiff’s products (hereinafter “first basic contract”).
(3) The gas station of this case concluded a contract with the Plaintiff so that the value of the Plaintiff’s trademark may be properly delivered to the consumers, and shall not damage or infringe the value of the Plaintiff’s trademark. Article 7 (Quantities of Products) (1) The gas station of this case shall purchase and sell products from the Plaintiff in compliance with all relevant laws and regulations, such as the Act on Fair Labeling, Advertising, Etc. (hereinafter “Fair Transactions in Labeling, Etc.”). (2) The gas station of this case shall indicate only one Plaintiff’s trademark in relation to the business activities of the gas station of this case, and shall purchase petroleum products traded by the gas station of this case from the Plaintiff. Article 13 (Quality Control, etc.) (1) The gas station of this case shall be lawfully responsible for the gas station contract of this case, and shall not be misunderstanding the Plaintiff’s products through storage facilities and exclusive operation of the contract of this case, nor shall the Plaintiff be able to enter into a contract of this case with any other party (hereinafter “Plaintiff’s products”).