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1. The Defendant: KRW 71,768,650 for the Plaintiff and KRW 6% per annum from April 12, 2017 to September 21, 2017.
Reasons
1. Facts of recognition;
A. On June 15, 2012, the Plaintiff and the Defendant entered into a basic contract on the use of the S-OIL trademark and the trade of petroleum products (hereinafter “instant contract”). According to Article 7(2) of the instant contract, only one trademark “S-OIL” is indicated in relation to the Defendant’s business activities of oil stations operated by the Defendant, and the Defendant decided to purchase the entire amount of petroleum products traded by gas stations from “S-OIL” (hereinafter “electric purchase agreement”), and the main contents of the instant contract are as follows.
Article 2 (Use of S-OL Trademark) Article 2 (S-IL 】 “gas station” shall provide equal services to customers in cooperation with S-OIL so that the value of S-OIL trademark may be properly delivered to consumers, and shall not damage or impair the value of S-OL trademark.
Article 4 (Provision of Services) (i) “S-OL” may provide a gas station with all or part of the following tangible or intangible services (hereinafter referred to as “S-OIL services”) if it is deemed necessary to support the smooth business activities of the gas station using S-OL trademark:
Support Services for Facilities
(b) Services necessary to maintain facilities (as outline).
g. (1) Specific matters concerning the provision of S-OL services of the Information System or Bobner Card System for the operation of gas stations shall be determined by the Parties’ separate agreement on the matters set out in the gas station.
Article 7 (Quantities of Products) Sheet "S-OIL" indicates only one S-IL trademark in relation to the business activities of "gas station" in order to attract customers and increase sales in accordance with the objectives of this Agreement set out in Article 1, and purchases the entire quantity of petroleum products sold by "gas station" from "S-OIL".
Article 13 (Quality Control, etc.) (i) The term "gas station" shall be construed as lawful and unique storage facilities for products throughout the whole responsibility of the "gas station".