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(영문) 서울중앙지방법원 2016.08.26 2015가단5173267
손해배상(기)
Text

1. The Defendant’s KRW 27,422,179 as well as 5% per annum from June 23, 2015 to August 26, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On November 19, 2012, the Defendant entered into a petroleum product supply contract with the Plaintiff (hereinafter “instant supply contract”) with the following content while operating the gas station in Echeon-si C (hereinafter “instant gas station”).

Article 3(1)(1) The supplier shall provide the buyer with various services related to the product and the buyer shall supply the product at the gas station to the buyer, if necessary to maintain the buyer’s business activities, and the buyer shall purchase from the supplier the full amount of the requirements for the product at the gas station during this contract.

Article 6 (Period of Contract) (1) The term of contract shall be one year from the date of conclusion of the contract until November 20, 2013.

(3) This contract shall be automatically extended from the expiration date to one year on the same condition, provided that one party does not express in writing to the other party that it objects to the extension of the contract term at least one month prior to the expiration of this contract term, provided that there is no separate declaration for extension of the contract term.

(1) If a buyer requests a supplier to use a trademark, the supplier may grant the buyer all or part of the right to use the trademark for business activities.

(4) The buyer shall not keep and sell the products or mixtures of another businessman through the principal abandonment, etc. of the supplier’s trademark attached.

(1)(1) If one of the parties fails to perform any of the obligations under this Agreement, he shall compensate for the other party’s damages arising therefrom.

(3) If a buyer violates Article 3(1) or 8(3) or (4) of this Agreement, he shall pay to the supplier an amount equivalent to 30 per cent of the amount of the quarterly sales supplied by the supplier to the gas station in the year immediately preceding the year or of the turnover in the last three months.

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