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(영문) 서울고등법원 2016.05.12 2015나23699
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a sales agent of SK Energy Co., Ltd. (hereinafter “SK Energy”), and is a company selling petroleum products.

B. From February 9, 1998, B operated a gas station (hereinafter “instant gas station”) with the trade name “C” at H in Jungdong-gu, Seoul. On July 17, 1998, the Plaintiff entered into a petroleum product supply contract with B (hereinafter “instant contract”).

Article 1 (Products) The plaintiff sells and delivers petroleum products to B pursuant to this Agreement, and the petroleum products that B purchases and acquires from the plaintiff shall be gasoline, light oil, and light oil among the products supplied by the SK Energy.

Article 2 (Quantities and Quality) (1) Section B purchases all necessary products from the Plaintiff during the term of this contract, and the Plaintiff shall supply the products ordered by B faithfully and promptly.

Article 3 (Indication of Product Specifications and Trademark) (2) Section B shall display and maintain in accordance with the method of displaying SK Energy at pool, gradles, rooftops, main recreations, and other necessary places any indication by which only SK Energy can be identified, trade name, service mark or other product during the term of this contract.

Article 7 (Period of Contract) The term of this Agreement shall be one year from the date of the conclusion of this Agreement, which shall be automatically extended for one year from the expiration date, unless the parties do not notify the other party in writing that they object to the extension of the term one month prior to the expiration of the term of the contract.

Article 10 (Compensation for Damages) (2) In case where either party violates any obligation under this contract, 400,000 won shall be paid as compensation for the damages of the other party.

C. On January 17, 2001, the Defendant held an inaugural general meeting as a promoter on January 18, 2001, and operated the instant gas station at the time of its incorporation. D.

The defendant shall be from the date of establishment to December 2013.

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