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(영문) 서울중앙지방법원 2018.06.28 2017가단80364
손해배상(기)
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 23, 2017 to June 28, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at refining and selling petroleum products, and the Defendant is a person who leased and operated D gas stations located in Chungcheongnam-gun, Ulsan-gun, Seoul (hereinafter “instant gas stations”).

B. On March 1, 2016, the Plaintiff entered into a petroleum product supply contract with the Defendant (hereinafter “instant supply contract”) with the following terms, and the terms pertaining to the instant supply contract are as follows:

(1) The buyer (referring to the defendant; hereinafter the same shall apply) shall purchase from the supplier (referring to the plaintiff; hereinafter the same shall apply) at least 100% of the monthly sales of the gas station during the term of this contract or at least the whole amount for each month.

(1) The term of this contract shall be one year from the date of conclusion of the contract until February 28, 2017.

(4) A party shall notify the other party of the scheduled date of termination and the extension of the contract term one month prior to the expiration of the contract term, and the other party shall be notified of the extension of the contract term within 14 days after receipt of the notification.

At this time, notification may be made by means of writing, electronic means (FAX, E-Mail, text messages, etc.) etc.

(5) In the absence of a separate declaration of intent to extend the contract period under subsection (4), this contract shall be automatically extended for one year on the same terms and conditions as the expiry date.

(3) If the buyer has the right to use the trademark from the supplier under paragraph (1), the buyer shall use and indicate only the supplier's trademark in accordance with the method of indicating that the supplier's trademark is designated at the supplier's place and other necessary places within the scope of complying with the relevant laws and regulations, such as the Act on Fair Labeling and Advertising, and other relevant Acts and subordinate statutes concerning the trademark during the term of this contract.

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