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서울고등법원 2019.06.13 2019나2001044
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is that part of the judgment of the court of first instance is dismissed, and that part of the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the following "2. Additional Judgment" as to the assertion that the defendant emphasizes or added to this court, and thus, the reasoning

In the same part, the reasons for the judgment of the court of first instance are as follows: 16-2, 12-2, 10-3, and 16-2.

According to the evidence No. 11 of A, the Plaintiff may claim damages on the basis of “the amount of sales during the pertinent quarter of the year immediately preceding that the Plaintiff supplied to the gas station in the operation of the Defendant,” as of September 4, 2018, in the application for modification of the purport of the claim and the cause of the claim as of September 4, 2018.

[Attachment, [3 pages 2] In light of the content of the claim, the content of the claim, and the description in the same page 3, it seems to mean the turnover for the last three months in the immediately preceding year.

A. 2,844,180,00 won (the total sales from February 4, 2012) can be recognized as 2,84,180 won (the total sales from February 1, 2012 to February 4, 2012). As such, the Plaintiff in the year 2013 and 2014 seeking partial claims out of the total damages suffered by the Plaintiff due to the breach of the above petroleum product supply contract is seeking partial damages from the total damages from 2013 to 2017 only for the year 2013 and 2014.

853,254,00 won = 438,280,800 won (the total amount of 1,460,936,000 won up to February 4, 2012) 414,973,200 won (the total amount of 1,383,24,000 won up to February 4, 2013).

A person shall be appointed.

2. Additional determination

A. The Defendant entered into a petroleum product supply contract with the Plaintiff “the amount equivalent to 30% of the larger of the quarterly sales in the immediately preceding year supplied by the supplier to the gas station or the turnover in the preceding three months.”

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