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(영문) 서울중앙지방법원 2015.11.19 2014가합21729
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

SK Energy Co., Ltd. (hereinafter referred to as the "SK Energy Co., Ltd.") is a company that manufactures and sells petroleum products such as gasoline and light oil by refining and processing crude oil. The plaintiff is an exclusive agency that handles only the petroleum products of SK Energy

From July 2012, the Defendant has operated a gas station that sells petroleum products with the trade name “C gas station” in the Ssung City B.

Part 1 General Provisions Article 2 (Rights and Duties) (1) The defendant has the right to use the trademark for the business activities of oil stations in determining that the sale of petroleum products by using the SK Energy trademark would promote to the maximum extent possible the interests of oil stations, and requests the plaintiff to use the trademark.

2. In order to support the smooth business activities of gas stations using a trademark under the preceding paragraph, the Plaintiff shall grant the following rights, and the details thereof shall be subject to a separate agreement between the Chapter 3 of this Agreement and the parties:

1. A right to be supplied with petroleum products;

2. Entitlement to receive various facilities and funds;

4. The plaintiff or SK Energy has the right to use the information system, system, etc. developed by the plaintiff or SK for gas stations. (4) The defendant recognizes that the transaction with the plaintiff, such as the product's stable supply capacity, seller's high customer image activities, etc., becomes a substantial interest, and confirms that the whole quantity of the product's required quantity was purchased from the plaintiff during the contract period.

Article 3 (Indication of Trademark) (1) The defendant shall indicate the trademark of SK Energy in accordance with the method of transportation, such as pool, Capital, Roon, rooftop, principal abandonment, oil tanks, and other necessary places in the main oil station within the extent not contrary to relevant laws and regulations, according to the method of indication determined by the plaintiff or SK Energy.

Section 5 (Types of Products) The plaintiff sells and delivers to the defendant under this Agreement, and the defendant's goods to be purchased from the plaintiff are supplied by the SK Energy.

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