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(영문) 서울중앙지방법원 2019.04.04 2017가단5232092
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 113,591,094 and the interest rate of KRW 15% per annum from November 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition and judgment

A. On October 17, 2014, the Plaintiff concluded a petroleum product supply contract and equipment free lease contract with the Defendant regarding the operation of the D gas station located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant gas station”).

The main contents of the above petroleum products supply contract and equipment free lease contract are as follows:

[Contract for Supply of Petroleum Products] Article 2 (Contract Period and Full Purchase)

1. This Agreement shall be effective for a period of one year from the date of conclusion of the Agreement, and shall be extended by five years from the date of conclusion of the Agreement for Equipment Support if the Defendant received a subsidy for operating equipment from the Plaintiff, and by the final repayment date under the Financial Support Agreement

5. The Defendant shall directly purchase petroleum products (including gasoline, light oil, light oil, lubric oil, etc.; hereinafter “products”) sold by the Defendant during the contract period under paragraph (1) from the Plaintiff.

Article 21 (Compensation for Damages and Penalty) of the Standards for Purchase Quantity of Gas station above 10% (100%) of the purchase quantity of the gas station above 10% of the high-quality gasoline 100% of the purchase quantity of the gas station of at least 10% of the total purchase quantity of the gas station of at least 10% of the Defendant Products and the monthly purchase ratio of the gas station.

2. If the Defendant violated Articles 2(5), 11, 14(1) and (2), and 20(1), the benefit of time shall be lost, and if the Defendant concludes the following contract, the Defendant shall pay to the Plaintiff the full amount of penalty as set forth below:

A petroleum product supply contract: An amount equivalent to 10% of the average quarterly sales of the 12-month immediately preceding the Defendant’s breach of contract: Provided, That when the period is less than 12 months, the amount calculated by calculating the average monthly sales and applying the above ratio after converting it into the quarterly sales [equipment Lease Contract] under Article 1 (Installation of Facilities) of this Agreement, the Plaintiff is attached thereto.

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