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1. The Defendant’s KRW 105,829,666 for the Plaintiff and KRW 6% per annum from September 4, 2013 to October 2, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells petroleum products such as gasoline and diesel by refining and processing crude oil, and the Defendant is a person who operates a gas station in Nam-gu Incheon Metropolitan City (hereinafter “gas station”).
B. On October 22, 2009, the Plaintiff entered into a basic contract on the use of the S-OL trademark and the sale of petroleum products with the Defendant to supply petroleum products to the Defendant after concluding a contract on supply of petroleum products with the Defendant.
On October 16, 2012, the Plaintiff entered into a basic contract with the Defendant for the use of the S-OL trademark and the sale of petroleum products (hereinafter “instant basic contract”). The main contents are as follows.
Article 6 (Types and Prices of Products) (1) The plaintiff sells and delivers tin products to gas stations under this Agreement, and the kinds and prices of tin products to be purchased by the plaintiff from gas stations are as follows:
The product price referred to in paragraph (1) of the supply price of gasoline, light oil, and gas stations prescribed by the Plaintiff (2) shall be determined on the date of order, but the price may be determined separately by mutual agreement between the Plaintiff and the gas station to the extent that it does not impair compliance with all Acts and subordinate statutes and fair trade order.
Article 7 (Quantities of Products) (2) In order to attract customers and increase sales in accordance with the objectives of this Agreement set out in Article 1, gas stations shall indicate only one S-OIL trademark in relation to the business activities of gas stations, and shall purchase from the Plaintiff the full amount of petroleum products traded by gas stations.
Article 9 (Disposition and Payment of Price of Products) (2) The Plaintiff shall supply, in good faith and prompt manner, reasonable orders of gas stations within the limit of credit determined by taking into account the credit standing of gas stations, of the Plaintiff’s production and sales status.
However, the aggravation of petroleum supply and demand conditions, government orders, suspension of operation of inevitable petroleum production facilities, labor disputes, traffic problems, and other causes not attributable to the Plaintiff.