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(영문) 서울중앙지방법원 2014.08.21 2014가합501720
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the manufacture, export, and import, distribution, storage, and sale of petroleum products including liquefied petroleum gas, etc., and the Defendant is a person who operated A (hereinafter “instant filling station”) on the ground B of the Jeonbuk-gun (hereinafter “instant filling station”).

B. On July 1, 2012, the Plaintiff entered into a liquefied petroleum gas sales agency contract with the Defendant (hereinafter “instant agency contract”).

The main contents of the instant agency contract are as follows.

Article 3 (Supply and Purchase of Liquefied Petroleum Gas Sales Agency Contract)

1.For the duration of this contract, the term “agency” shall purchase the required product from the “GSknex”, and the term “GSknex” shall supply the required product of the “agency”.

Article 4 (Price of Products)

1.The prices of the products supplied by “GSkx” under this Agreement shall be determined by “GSkx” in consideration of the market prices, etc. within a given area and may be changed by mutual consent of the Parties.

2. Where there is a change in prices at the time of ordering the goods and the shipment, the price at the time of shipment in repositories, etc. shall apply;

3. Notwithstanding the provisions of paragraph 1, where “GSCex” provides funds, facilities, etc. to the gas station, “GSCex” may adjust product prices, taking into account the costs incurred in providing the funds or facilities.

Article 9 (Trademark Marks)

9. The term “agency” has been granted the right to use a trademark “GSknex” with enormous costs and effort, so that it shall cooperate to the utmost in maintaining and promoting the value of the trademark and shall not engage in any conduct that would impair the trademark value.

Article 11 (Matters to be Observed)

5. The term “GSkx” shall perform its obligations under this Agreement in good faith in order to promote the sale of charging stations and enhance their guidance, and the term “agency” shall be as follows: (a) the support of “GSkx” under Article 10; (b) stable product supply; and (c) consumer mistake.

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