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1. The Defendant’s KRW 104,353,187 for the Plaintiff and its related KRW 6% per annum from December 16, 2014 to June 24, 2016, and June 25, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an agency directly responsible for selling petroleum products produced by the KS Energy Co., Ltd. in the Republic of Korea, and the Defendant is a person who operates a gas station in Nam-gu Incheon Metropolitan City.
B. On February 25, 2013, the Plaintiff entered into a basic contract on the supply of petroleum products and the use of trademarks (hereinafter “instant contract”) with the Defendant, and drafted a written confirmation of the form of purchase to enter into the instant contract by voluntary will.
The main contents of the instant contract are as shown in the attached Form.
C. On March 2013, the Defendant sold gasoline and light oil products that the Plaintiff did not supply at the gas station. D.
C The aggregate of the quarterly sales of the gas station in 2012 is KRW 1,786,948,00 ( KRW 562,180,000, KRW 595,132,000 in January 2012, and KRW 629,636,00 in March 2012). The aggregate of sales from December 2012 to February 2013 is KRW 1,826,243,00 in KRW 646,95,00 in December 2012 ( KRW 56,603,00 in January 5, 2013, KRW 62,636,63,00 in February 6, 2013, KRW 65,603,00 in February 62, 2013, and KRW 005,00 in February 68, 2003).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 5-13, 15, and Gap evidence 14, response to an order to submit tax information to the director of the Namincheon Tax Office of this Court, the purport of the whole pleadings
2. The parties' assertion
A. At the time of the Plaintiff’s assertion, even though the Defendant was provided with the entire amount of petroleum products sold by the Defendant to the Plaintiff at the gas station operated by the Plaintiff, the Defendant violated the instant contract by selling petroleum products supplied by other companies than the Plaintiff on March 2, 2013. As such, in accordance with the provisions of the instant contract, the amount of sales of petroleum products supplied by the Plaintiff to the Defendant as penalty or damages pursuant to the provisions of the instant contract, or the amount of KRW 547,872,90 equivalent to either 30% of the sales of petroleum products supplied by the Plaintiff to the Defendant, or 547,872,900, which is the date following the termination of the instant