beta
Text
1. As to KRW 142,902,145 among the Plaintiff and KRW 137,232,469 among the Plaintiff, the Defendant shall be annually from May 1, 2016 to September 12, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells petroleum products such as gasoline and light oil by refining and processing crude oil, and the Defendant is a company that operates a man-dong gas station in 5927, which is located in the jundong-si, Seodong-si (hereinafter “instant gas station”).
B. On December 13, 2014, the Plaintiff entered into a basic contract with the Defendant on the use of the S-OL trademark and the sale of petroleum products (hereinafter “instant basic contract”). The key contents are as follows.
C. From January 1, 2014 to December 31, 2015, the term of the instant basic contract, the Defendant purchased petroleum products similar to the Plaintiff, other than the Plaintiff.
The instant basic contract, including the Defendant’s notice of the termination of the instant basic contract, was terminated on December 12, 2015, but the Defendant did not express any objection to the extension of the contract term. On April 29, 2016, the Plaintiff notified the Plaintiff that “the instant basic contract is terminated as it leased the instant gas station to Japanese Energy Co., Ltd. (hereinafter “Korea Energy”) on May 1, 2016 (hereinafter “the notice of termination of the instant basic contract”). The Defendant sent a certificate of the content that “the Plaintiff leased the instant gas station, which was installed by the Plaintiff, to remove all the spora signboards, etc., of the Plaintiff.” At that time, the Plaintiff purchased and sold petroleum products other than the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of the order of submission of each tax information on racing tax by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. During the instant basic contract period, the Defendant is liable for damages arising from the purchase of other company products (A) and the Defendant is liable for damages arising from the purchase of other company products). From January 1, 2014 to December 31, 2015, the instant basic contract period.