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1. The Defendants jointly and severally liable to the Plaintiff KRW 53,826,00 and the Defendants Company A with respect thereto from August 24, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company whose main purpose is petroleum refining and sale, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that operates the “D gas station” in the wife population C in Young-si.
B. On May 17, 2016, the Defendant Company entered into a “petroleum product supply contract” with the Plaintiff to purchase petroleum products to be sold at the above gas station only from the Plaintiff (hereinafter “instant contract”). Defendant B, thereby, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff. The instant contract is important as follows.
(1) The buyer shall purchase 100% of the monthly sales of the gas station during the term of this contract from the supplier.
(1) The term of this contract shall be one year from the date of conclusion of the contract to May 16, 2017.
Article 9 (Grant of Right to Use Trademark and Indication of Trademark) (4) Where a buyer has agreed to purchase the whole quantity of a trademark from a supplier pursuant to Article 3(1), he/she shall not keep and sell any product of another supplier or a mixture of products through the principal abandonment, etc. on which a supplier’s trademark is attached.
(3) If the buyer violates any of the provisions of Article III(1), 9(3) or (4), or 9(3) or (4) of this Agreement, the buyer shall pay to the supplier an amount equivalent to 30 per cent of the purchase amount of the gas station in the year immediately preceding the year of the gas station purchased by another business operator, including the supplier, or of the purchase amount for the recent three months.
C. During the contract period of the instant contract, the Defendant Company was supplied with petroleum products by business operators other than the Plaintiff and sold them at the said gas station. From January 2017, the Defendant Company continued to operate the gas station without being supplied with petroleum products from the Plaintiff.