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(영문) 서울중앙지방법원 2017.03.24 2016가합532216
손해배상 등
Text

1. The Defendant’s KRW 547,120,403 among the Plaintiff and KRW 546,914,924 among the Plaintiff, shall be from June 10, 2016, and KRW 205,479.

Reasons

1. Basic facts

A. The Plaintiff is a company that refining and processing crude oil and manufactures and sells petroleum products, such as gasoline, light oil, light oil, and LPG, and the Defendant is a company that operates a LPG charging station in Guro-gu Seoul Metropolitan Government and Sungnam-si D.

B. On August 17, 1994, the Plaintiff entered into a petroleum product sales agency contract with the Defendant (hereinafter “instant agency contract”) and supplied petroleum products to the Defendant from that time pursuant to the instant agency contract. The main contents of the instant agency contract are as follows.

The plaintiff and the defendant enter into a contract for the sales agency of petroleum products as follows:

Article 1 (Products) A contract between the Plaintiff and the Defendant for sales agencies of petroleum products shall be concluded as follows:

Article 2 (Quantities and Quality) (1) The defendant shall purchase the whole quantity of the products he sells and handles by the defendant from the plaintiff, and shall make every effort to supply them to the plaintiff.

Provided, That the plaintiff may adjust the above quantity according to the plaintiff's production plan and sales policy.

Article 7 (Sales Method) (3) The defendant shall not trade in any form with the business entity competing with the plaintiff without the plaintiff's prior written consent during the contract period.

Article 9 (Period) (1) This Agreement shall enter into force on the date on which both parties affix their names and seals in writing to this Agreement and shall continue to have effect until August 16, 1996, and shall be automatically extended every one year by prior written notice to the other party, unless this Agreement has been terminated by three months prior notice to the other party.

(2) If either Party notifies the expiry of a contract pursuant to paragraph 1 above, it shall lose its interest in time under this contract under any other contract, such as funding arrangements, to be concluded or to be concluded between the Parties, and shall complete its performance of any obligation to the other Party under any other contract until the expiry of the contract.

Provided, That the party who has notified the expiration of the contract shall be liable until the expiration of the contract.

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