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(영문) 광주지방법원 2016.10.26 2016나895
손해배상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay KRW 33,018,50 to the plaintiff and its related costs on March 2015.

Reasons

1. Basic facts

A. The Plaintiff is an agency directly responsible for selling petroleum products produced by the KS Energy Co., Ltd. in the Republic of Korea, and the Defendant, who operates the gas station located in the netcheon City B (hereinafter “instant gas station”), has traded petroleum products from around 2005 with the Plaintiff.

B. On December 16, 2008, the Plaintiff and the Defendant concluded a facility support contract (hereinafter “instant facility contract”) under which the Plaintiff supported the Defendant with two main abandonment (a total of KRW 7,250,000). The main contents of the said contract are as follows.

Article 6 (Maintenance of Trust as Stabilization Customer) The defendant is entitled to use the trademark value established by the plaintiff with enormous costs and effort in carrying out the business of petroleum products for a long time, and is provided with various support related to the business of petroleum products by the plaintiff, at his/her own request, the plaintiff bears a large amount of expenses under the trust in the transaction chain between the plaintiff and confirms that he/she should install the facilities and support them free of charge, and agree to perform the following matters in good faith based on mutual trust and cooperation:

1. The defendant purchases the whole quantity of his required products from the plaintiff during the contract period, and the facilities installed and leased by the plaintiff without compensation shall be used exclusively for the handling of petroleum products supplied by the plaintiff.

Article 9 (Contract Period) (1) This contract is entered into with the defendant's own pen six months from the date of conclusion of the contract.

for a year.

Provided, That one-year extension shall be made under the same conditions unless one of the parties has notified the other party in writing 30 days before the expiration of the contract period that there is no intention to extend the contract.

C. In addition, the Plaintiff and the Defendant concluded a basic contract on December 22, 2009 on the supply of petroleum products and the use of trademarks (hereinafter “instant basic contract”) and concluded a new contract by reducing the term of the existing supply contract to one year.

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