(영문) 서울중앙지방법원 2019.01.11 2018가합501049

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(영문) 서울중앙지방법원 2019.01.11 2018가합501049

손해배상(기)

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The defendant's KRW 300,000,000 and its related amount are 6% per annum from January 23, 2018 to January 11, 2019.

Reasons

1. Basic facts

A. On July 1, 2012, the Defendant, who operates the Doel Pream (hereinafter “instant filling station”), signed a liquefied petroleum gas sales agency contract (hereinafter “instant contract”) with the Plaintiff and the Plaintiff to be supplied with the required amount of liquefied petroleum gas (bane). At the time, the Defendant’s representative director was E.

The main contents of the instant contract are as follows.

This contract entered into between the plaintiff and the defendant shall be certified by the contract terms and conditions that the defendant purchases from the plaintiff the total amount of liquefied petroleum gas required to be handled or sold by the defendant, and that the plaintiff promised to supply it.

Article 3(Quantities and Quality)(1) The defendant shall purchase from the plaintiff the total required quantity of the products sold and handled during the contract period.

Article 7 (Requirements for Agency) Paragraph 6 of the Defendant shall not purchase, transport, sell, or otherwise trade products that are not supplied or designated by the Plaintiff during the term of this contract, nor be engaged in a competitive business with the Plaintiff without the Plaintiff’s prior written consent, and shall not trade in any form, regardless of such a business entity.

Article 9 (Penalties and Damages) Paragraph (1) of the same Article) If the Defendant violates Article 7, the penalty of KRW 100 million shall be paid to the Plaintiff for the damages suffered by the Plaintiff due to his/her violation of other contractual obligations.

Article 10 (Term of Contract) The term of validity of this Agreement shall be one year from July 1, 2012 to June 30, 2013.

The contract shall be automatically extended every 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 at least three months prior to the expiration of the contract term under Paragraph 2.

Article 11 (Termination of Contracts) Paragraph (1) The Plaintiff may terminate this contract after the prior peremptory notice in any of the following cases:

The defendant does not perform this contract.

유사 판례

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