(영문) 부산고등법원 2015.06.17 2014나7803 | 리걸엔진

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(영문) 부산고등법원 2015.06.17 2014나7803

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells petroleum products, and the Defendant is the owner of D gas stations in Yangsan City (hereinafter “instant gas stations”), and B leased the gas stations in this case from the Defendant and operated the gas stations in this case.

B. On November 29, 2004, the Plaintiff entered into a petroleum product supply contract with the Defendant (hereinafter “instant petroleum supply contract”). The content of the instant petroleum supply contract is as follows.

(1) The supplier shall provide all kinds of services related to the goods to the buyer in order to ensure the stable maintenance of the buyer’s business activities, and the buyer shall supply and deliver to the buyer all the goods to be sold at the gas station.

(1) The term of this contract is from the date of conclusion to November 28, 2005.

Provided, That where a facility is supported without compensation, the term of this contract shall be deemed the term until the expiration of the term of the loan for use of the facility.

(2) The contract shall be automatically extended every one year on the same terms and conditions unless the other party has notified in writing the other party of the termination of the contract at least one month prior to the expiration of the contract term, or there is no separate notice for modification.

(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.

C. The Plaintiff supplied petroleum products to the Defendant under the instant petroleum supply contract, and the Defendant leased the instant gas station to B on October 1, 2007, and supplied petroleum products to B.

Since then, the Plaintiff established two main organic households (a total of 7,460,000 won) in the instant gas station without compensation on November 15, 2008 by mixing the two main organic households (a total of 7,460,000 won) at the instant gas station, with the contractor’s term of contract as “D gas station” and entered into a contract for lending facilities from November 15, 2008 to November 14, 2013; and

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