(영문) 서울중앙지방법원 2016.01.14 2014가합535129

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(영문) 서울중앙지방법원 2016.01.14 2014가합535129

손해배상(기)

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1. As to KRW 131,407,860 among the Plaintiff and KRW 119,610,360 among the Plaintiff, Defendant A Co., Ltd., from June 3, 2014 to January 3, 2016.

Reasons

1. Basic facts

A. On March 14, 2014, the Plaintiff entered into a contract for the supply of petroleum products (hereinafter “instant supply contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) that operates the gas station (hereinafter “instant gas station”) under the trade name “C”.

Article 3(1)(1) The Supplier (Plaintiff) shall provide the buyer with various services related to the product and the buyer shall supply and deliver the product to the buyer at the gas station if necessary to maintain the buyer’s business activities, and the buyer shall purchase from the supplier the full amount of the required amount of the product at the gas station during the contract period.

Article 6 (Period of Contract) (1) The term of contract shall be one year from the date of conclusion of the contract until March 13, 2015.

(1)(1) If one of the parties fails to perform any of the obligations under this Agreement, he shall compensate for the other party’s damages arising therefrom.

(3) If a buyer violates Article 3(1) or 8(3) or (4) of this Agreement, he shall pay to the supplier an amount equivalent to 30 per cent of the amount of the quarterly sales supplied by the supplier to the gas station in the year immediately preceding that year or of the sales in the last three months.

However, if the former amount of damages falls short of the actual amount of damages of the supplier, the buyer shall compensate for the difference separately.

(2) A supplier may immediately terminate this contract by giving written notice to a buyer without a prior peremptory notice in any of the following cases:

1. Where a buyer violates the provisions of an annexed contract, such as a contract for use of facilities, a loan agreement, etc. and an agreement whereby a buyer wishes to be supplied with the entire quantity of petroleum products from a supplier under this agreement;

B. In addition, on March 21, 2014, the Plaintiff is the gas station of this case between Defendant A and Defendant A.

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