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(영문) 서울중앙지방법원 2016.10.21 2015가단5370747
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 122,605,006 and the interest rate of KRW 15% per annum from December 5, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells petroleum products, etc. by refining and processing crude oil, and the Defendant is a person who operates a C gas station in Kim Jong-si B (hereinafter “instant gas station”).

B. On November 1, 2006, the Plaintiff entered into a petroleum product supply contract with the Defendant with regard to the gas station of this case (hereinafter “instant supply contract”).

The Defendant decides to purchase the Plaintiff’s product within the scope of compliance with the Trademark Labeling Act during the contract period. The Plaintiff supplied the Defendant’s reasonable order quantity in good and prompt consideration of the Plaintiff’s financial standing (Article 2(1)) with respect to the sale of the product supplied by the Plaintiff, in accordance with the Plaintiff’s trademark, trade name, service marks, and other symbol marks designed for the purpose of distinguishing the Plaintiff’s product from the Plaintiff’s trademark, trade name, place of sale, and transportation equipment reasonably designated by the Plaintiff, such as abandonment of the Plaintiff, and maintain them during the contract period (Article 7(2)). The gas station of this case maintains the material, human resources, and equipment necessary for selling the product during the contract period after obtaining approval and permission under relevant Acts and subordinate statutes. Moreover, the gas station of this case must take measures to sell the product through storage facilities unique to the Plaintiff’s exclusive responsibility for the gas station’s product, so that the Plaintiff’s product can not be mistaken or altered from the Plaintiff’s purchase or sale of the product (Article 8(1)2).

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