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(영문) 서울남부지방법원 2018.12.07 2018가합100121
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a direct agency that sells petroleum products produced by KS Energy Co., Ltd. (hereinafter “SK Energy”) in the Republic of Korea.

The Defendants are those persons registered as business operators of E gas stations in Gyeyang-gu, Gyeyang-gu (former trade name: F gas stations; hereinafter “instant gas stations”), and Defendant B is the children of Defendant A, and Defendant C is the money of Defendant A.

On the other hand, the person who actually operated the gas station in this case is G, the husband of the defendant A.

B. On February 18, 2014, the Plaintiff entered into a basic contract on the supply of petroleum products and the use of trademarks with G representing Defendant A (hereinafter “instant supply contract”).

The main contents of the instant supply contract are as follows.

Article 3 (Basic Matters) (2) Since it is determined that the sale of petroleum products supplied by the Plaintiff using the SK brand could maximize its own interest, it is confirmed that 100% of the amount required for petroleum products in the gas station is supplied by the Plaintiff during the contract period specified in Article 37.

③ In order to support Defendant A’s business activities, the Plaintiff shall provide various facilities, funds, information systems, including POS, management techniques, and educational programs, based on the criteria separately determined by the Plaintiff.

In principle, the provisions of Chapter III shall apply to the detailed matters related thereto, but if there is a separate written agreement between the parties, the written agreement shall be determined.

Article 20 (Rights and Duties of Plaintiffs) (6) If the quantity of petroleum products sales requested by Defendant A to set up the Oshch ray Points exceeds the standard under Article 18(4), the Plaintiff or SK energy may suspend the use of the UN Trop bond service system for correction or improvement thereof.

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