(영문) 서울중앙지방법원 2018.06.20 2017가합562849

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(영문) 서울중앙지방법원 2018.06.20 2017가합562849

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly engages in the import, sale, etc. of liquefied petroleum gas (hereinafter “LPG”). The Defendant is a person who operates the LPG charging station (hereinafter “instant charging station”) under the trade name “CLP filling station” in Boan-si.

B. On July 3, 2002, the Plaintiff entered into a contract with the Defendant for liquefied petroleum gas sales agencies (hereinafter “instant agency contract”) with the content of supplying LPG to the Defendant. The main contents are as follows.

Article 7 (Requirements for Agent) (1) The defendant shall maintain the human and physical facilities necessary for the sale and handling of products with the permission of all the facilities and equipment under related Acts and subordinate statutes during the term of this contract. When the defendant intends to transfer, lease, establish a security, or take any other disposition of the above physical facilities to a third party, he shall notify the plaintiff in writing not later than three months before the execution thereof, and when he/she intends to sell or lease the said physical facilities, he/she shall consult with the plaintiff about the sale and purchase or lease. If the defendant violates Article 9 (Cancellation of Contract and Compensation) 1, he/she shall compensate the plaintiff for the penalty, or for the damages suffered by the plaintiff due to the violation of

Article 10 (Period of Contract) (1) The term of validity of this contract shall be one year from July 3, 2002 to July 2, 2003. (2) This contract shall be automatically extended one year from the expiration date unless one of the parties to the contract notifies in writing his opposition to the extension of the contract not later than three months prior to the expiration date.

C. On August 18, 2016, the Defendant sent to the Plaintiff a certificate of content to the effect that “the principal plans to promote the sale and purchase on a personal basis” was “a plan to promote the sale and purchase on a personal basis,” and thereafter leased the instant charging station to a third party around December 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and Eul.

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