1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The Plaintiff is a company running a gas station (hereinafter “each of the instant gas stations”) within a two-person (s) rest area located in the Donsan Highway and a coal resting area, and the Defendant is a company manufacturing and selling petroleum products by processing crude oil.

B. While the Plaintiff was supplied with petroleum products from the Korea National Oil Corporation (hereinafter referred to as the “KNC”) and various oil refineries during the operation of each of the instant gas stations as a gas station until sunrise, the Plaintiff received proposals regarding the terms and conditions of transactions from various oil stations, including the Defendant, etc., in order to operate each of the instant gas stations as the form of receiving petroleum products fixed from a specific oil station (so-called “sol gas station”).

C. On December 28, 2015, the Plaintiff and the Defendant concluded a “basic contract on the use of the S-OL trademark and the sale of petroleum products” with respect to each of the instant gas stations, and set the contract period as two years from December 28, 2015 to December 27, 2017.

On March 23, 2016, the Plaintiff and the Defendant changed the period of each of the instant gas stations to an accelerator, and concluded a new contract for the use of S-OL trademarks and the sale of petroleum products (hereinafter collectively referred to as “the instant basic contract”) as the previous contract, in addition to setting the contract period as five years from March 23, 2016 to March 22, 2021.

Article 6 (Types and Prices of Products) (1) of the Framework Agreement on Contracts of this case, the defendant sells and delivers to the plaintiff under this Agreement, and the kinds and prices of the products to be purchased by the plaintiff from the defendant are as follows.

- Types : Former - Price: The price of the plaintiff's supply price determined by the defendant. (2) The price of the product under paragraph (1) shall be determined on the day of the order, but it may be determined by mutual agreement with the plaintiff and the defendant to the extent that it does not impair compliance

Article 17 (Annexed Contract) (1) The plaintiff and the defendant are specified as necessary for the smooth operation of this contract.