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(영문) 서울중앙지방법원 2018.06.27 2017가단5245135
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 32,075,941 and the interest rate of KRW 15% per annum from November 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of manufacturing, exporting, selling, and selling petroleum products, including liquefied petroleum gas, etc., and the Defendant is a person who operates a gas station C on the ground B at Changwon-si (hereinafter “instant gas station”).

B. On July 1, 2013, the Plaintiff entered into a petroleum product supply contract with the Defendant (hereinafter “instant supply contract”).

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

Article 2 (Contract Terms and Full Purchase)

1. This contract shall be effective for a period of one year from the date of its conclusion, and the contract term shall be extended by five years from the date of receipt where the gas station receives business equipment support from the “GSST”, and by the date of final repayment where the facility funds are provided.

5. The gas stations shall directly purchase the entire quantity of petroleum products (including gasoline, light oil, light oil, lubric oil, etc.) sold by the gas stations during the contract period referred to in paragraph (1) from GSST;

Article 11 (Trademark Marks)

1. In relation to the sale of products of GSknx, gas stations shall install and indicate the trademark of GSknx on the facilities and places designated by the GSknx, such as pool, Capital, trade name, grox, carving (including pax), fire walls, liquor and oil tanks, and other transportation equipment, such as transportation equipment and facilities designated by the GSknx, and shall not have used or displayed a trademark other than the GSknx;

2. The gas stations shall use the trademark under the conditions as prescribed by this Agreement and the GSknex, and shall comply with the request of the GSknex relating to the use of the trademark;

Article 17 (Prohibition of Transfer)

1. A Party to this Agreement may not assign, delegate, entrust, provide security, or otherwise dispose of all or part of the rights and obligations under this Agreement to a third party without the prior written consent of the other party.

2. When a gas station transfers its business to a third party or allows a third party to conduct its business by using its name, in violation of paragraph (1), the gas station shall be gas station.

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