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(영문) 대전지방법원 2014.12.24 2014가합104647
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 62,98,140 won and the period from May 25, 2012 to December 24, 2014.

Reasons

Basic Facts

The Plaintiff is a company whose main business purpose is energy distribution business and comprehensive trade business, etc., and the Defendants are co-operators of the Da stations located in Chungcheongnam-gun budget C (hereinafter “instant gas stations”).

On December 27, 201, the Plaintiff entered into the instant contract with the Defendants on December 27, 201, and entered into a basic contract on the supply of petroleum products and the use of trademarks (hereinafter “instant contract”). The key contents of the instant contract are as follows.

Article 3 (Basic Matters) (1) In conclusion of this Agreement, the Defendants requested the Plaintiff to supply petroleum products and use the Plaintiff brand. The Plaintiff trusted the intent of the Defendants, thereby promising the Defendants to supply petroleum products in a stable manner, and granting the Plaintiff’s non-exclusive right to use the Plaintiff brand.

② The Defendants determined that the sale of petroleum products supplied by the Plaintiff in running a petroleum product sales business, including the operation of gas stations, taking into account the Plaintiff’s stable supply capacity of petroleum products, strict quality control, and high level of customer image accumulated in the petroleum market, can maximize their interests. Thus, during the effective period of this contract, the Defendants’ petroleum products required by the Defendants are written in writing by themselves as the Defendants.

of this title. A confirmation of the supply from the Plaintiff is made.

③ In order to support the business activities of the Defendants, the Plaintiff shall provide various facilities necessary for the operation of the gas station in accordance with the criteria set separately by the Plaintiff, such as information systems, management techniques, and educational programs, including the POS.

In principle, the provisions of Chapter Three of this Agreement shall apply to the detailed matters related thereto, but if there is a separate written agreement between both parties, it shall be determined by such written agreement.

Article 4 (Use of Plaintiff brand) (1)

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