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(영문) 서울중앙지방법원 2018.04.10 2017가단5173209
손해배상(기)
Text

1. The Defendant’s KRW 33,214,50 for the Plaintiff and KRW 6% per annum from June 20, 2017 to April 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells petroleum products produced by the KS Energy Co., Ltd. in the Republic of Korea, and the Defendant is a company that operates a gas station for older persons located in 482 due to the involvement of the Dang-si in Gwangju City

B. On March 1, 2017, the Plaintiff entered into a basic contract on the supply of petroleum products and the use of trademarks with the Defendant (hereinafter “instant supply contract”).

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

Article 3 (2) Ascertainment that during the effective period of this Agreement, the entire quantity required for petroleum products of the gas station (referring to the gas station operated by the defendant) shall be supplied from SKN (referring to the plaintiff).

Article 9(1) SKN shall present a reasonable supply price to gas stations taking into account their competitiveness, etc. in the business area of gas stations.

Article 30 (2) A gas station shall sell petroleum products supplied by SKN to customers in terms of their original form, and shall not mix other petroleum products (including petroleum products whose kind and grade are different) or other foreign substances, or sell them by deceiving the standards and quantity.

Article 45(3) If a gas station violates any provision of Articles 3(2), 4, and 30(2) of this Agreement even if it violates any of the provisions of this Agreement, the amount equivalent to 10% of the sales of petroleum products supplied to the gas station in the relevant quarter of the year immediately preceding that in which it supplied to the gas station, or of the sales during the last three months, whichever is larger, shall be paid as penalty and damages.

The Seoul Central District Court or the seat of the principal office shall have jurisdiction over all disputes arising in connection with this contract under Article 48.

C. After the instant supply contract, the Defendant purchased and sold other petroleum products that the Plaintiff did not supply at a gas station in an alone, and was subject to an administrative disposition, such as business suspension, for three months from July 25, 2017, when the Defendant stored and sold fake petroleum products.

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