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(영문) 서울고등법원 2015.01.16 2014나39734
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 4, Gap evidence 5-1, Gap evidence 13, Eul evidence 13, Eul evidence 2, and Eul evidence 2:

In operating a gas station (hereinafter “instant gas station”) with the trade name “C gas station” in Ulsan-gu, Ulsan-gu, the Defendant entered into a contract for the supply of petroleum products with the Plaintiff on September 20, 2004 (hereinafter “instant supply contract”), and subsequently sold the oil by the Plaintiff.

Article 3 (Quantities and Quality) (1) In order to ensure the stable maintenance of the defendant's business activities, the plaintiff provides the defendant with various services related to the product, and the defendant supplies and delivers all the products to be sold at the gas station of this case.

Article 6 (Period of Contract) (1) The term of this contract shall be from the date of conclusion to September 19, 2006.

(2) At least one month prior to the expiration of this contract term, a party shall notify the other party in writing of the termination of the contract or automatically extend the same condition for one year unless there is a separate notice for the modification of the contract terms.

Article 9 (Trademark Indication) (1) The defendant shall indicate the plaintiff's trademark in accordance with the method of displaying the plaintiff's trademark on the transportation equipment, such as pole gle, gladle, principal abandonment, oil tanks, etc. and other necessary places.

Article 11 (Management of Trademark, Facilities, etc., Ownership) (1) The defendant shall maintain and manage the plaintiff's trademark, facilities, etc. with due care as a good manager.

(2) When the contract is terminated, the Defendant shall suspend the use of all facilities, such as trademarks supported by the Plaintiff, and shall not change the facilities without the Plaintiff’s consent.

(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.

(b) thereafter.

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