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(영문) 서울중앙지방법원 2015.05.06 2014가합580518
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from November 18, 2014 to the date of full payment.

Reasons

The summary of the case is that the defendant, who is a sales agent of the plaintiff's liquefied petroleum gas (Liquefiqueed Peum Gas, LPG), unilaterally suspended the transaction during the agency contract term with the plaintiff and violated the contract with the other company, and thus, the plaintiff seeks penalty of KRW 200 million against the defendant.

In fact, the price of the products sold by the plaintiff under Article 2 (Price) (1) of the premise shall be determined by the plaintiff.

Article 7 (Requirements for Agency) Section 6 of the Defendant shall not purchase, transport, sell, or otherwise trade any product that is not supplied or designated by the Plaintiff during the term of this contract, nor be engaged in a competitive business with the Plaintiff without the Plaintiff’s prior written consent, and shall not trade in any form with such an enterprise.

Paragraph (7) The defendant shall post or indicate letters, diagrams, signs as determined by the plaintiff in accordance with the standards and methods of the place of business, facilities, equipment, etc.

When the defendant, based on the judgment of the plaintiff under paragraph (8), has committed an act that could interfere with the plaintiff's sales activities or damage the plaintiff's reputation or credit, the plaintiff may demand correction, and the defendant must correct it immediately.

If the defendant under Article 9 (Penalties and Damages) (1) violates Article 7, he shall compensate the plaintiff for the damages suffered by the plaintiff due to the violation of the penalty or other contractual obligations.

Article 10 (Term of Contract). The term of validity of this Agreement shall be one year from August 12, 2010 to August 11, 2011.

The contract shall be automatically extended every one year from the expiration date unless one of the parties to the contract notifies in writing his opposition to the extension of the contract at least three months prior to the expiration of the contract term under Paragraph 2.

Article 11 (Termination of Contracts) Paragraph (1) The Plaintiff may terminate this contract after the prior peremptory notice in any of the following cases:

The Defendant entered into this contract.

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