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1. The Defendant’s KRW 157,890,059 and KRW 92,462,059 among the Plaintiff and KRW 65,428,00 from December 13, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a direct agency that directly sells petroleum products produced by the KS Energy Co., Ltd. in the Republic of Korea, and the Defendant is a person who operates a gas station in Seo-gu Incheon Metropolitan City.
B. On April 5, 2012, the Plaintiff concluded a basic contract with the Defendant for the supply of petroleum products and the use of trademarks (hereinafter “instant contract”).
The main contents of the instant contract are as shown in the attached Form.
C. On July 24, 2006, the Defendant: (a) concluded a contract for supporting facilities (hereinafter “instant facility contract”) with the Defendant’s mother, who had operated CY at the time, provided 14 main facilities to D; and (b) the main contents of the instant facility contract are as shown in attached Table 2.
Since July 2012, Defendant 201 sold petroleum products that were not supplied by the Plaintiff at C gas stations.
E. The sales amount of April 2012 is KRW 552,632,00, the sales amount of May 2012 is KRW 925,836,00, and the sales amount of June 2012 is KRW 742,552,00.
(2), 221,020,000 won in total for a period of three months (based on recognition) / [the grounds for recognition] without any dispute; Gap evidence Nos. 1 and 2; Gap evidence No. 4-5; response to an order issued by the director of the Seocheon District Tax Office to submit tax information; the purport of the whole pleadings
2. The parties' assertion
A. On April 5, 2012, the Defendant agreed with the Plaintiff to be supplied with the entire quantity of petroleum products required for gas stations upon entering into the instant supply contract with the Plaintiff. However, since the Defendant violated such an agreement, such as selling petroleum products by other companies than the Plaintiff, the Defendant is obligated to pay KRW 22,102,00, which is the amount equivalent to 10% of the sales of petroleum products supplied by the Plaintiff to the Defendant under the instant supply contract, or the amount equivalent to 10% of the sales during the latest three months, or the amount equivalent to 22,102,00 of the sales during the instant supply contract. (ii) The Defendant’s mother, the Plaintiff, on July 24, 2006, is