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1. Defendant B’s KRW 95,400,000 as well as 6% per annum from September 7, 2018 to July 17, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells petroleum products, such as gasoline, light oil, diesel, LPG, etc. by refining and processing crude oil. Defendant B is the owner of the E stations located in Daegu-gu (hereinafter “instant gas stations”) and the person who operated the instant gas stations from February 1, 2008 to June 30, 2014. Defendant C is the child of Defendant B, who leased and operated the instant gas stations from July 1, 2014.
B. 1) On December 7, 2012, the Plaintiff and Defendant B entered into a contract between the Plaintiff and the Defendants, etc., with respect to the gas station of this case, a basic contract on the use of the Plaintiff’s F trademark and the sale of petroleum products (hereinafter “instant primary contract”) with respect to the gas station of this case, as follows:
Article 4 (Provision of Services) (1) The Plaintiff’s gas station (Defendant B; hereinafter the same shall apply) using the Plaintiff trademark.
If it is deemed necessary to support the smooth business activities of the gas station, all or part of the following flexible and free services may be provided to the gas station:
Support Services for Facilities
(b) services necessary to maintain facilities;
(e) while the use of F trademark and the provision of F services to the gas station in accordance with Articles 5 (F trademark/service) (1) and 2 and 4 of the Facility Loan Services, the gas station and the plaintiff must trade petroleum products, and the terms and conditions of transactions are as set out in Article 6 or below.
Article 7 (Quantities of Products) (1) Gas stations shall purchase and sell products from the Plaintiff in compliance with all relevant statutes, including the Act on Fair Labeling, Advertising, etc.
(2) To attract customers and increase sales in accordance with the purpose of this Agreement set out in Article 1, gas stations shall indicate only one F trademark in relation to the business activities of gas stations and purchase all petroleum products traded by gas stations from the Plaintiff.
Article 18 (Compensation for Damages and Penalties (1) A party to this Contract.