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(영문) 대전지방법원 2016.10.28 2015나108299
손해배상(기)
Text

1. According to the Plaintiff’s expansion of the purport of the claim, the part against the Defendant in the judgment of the first instance is as follows.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is petroleum wholesale and retail business, and the Defendant operated a gas station with the trade name called “D gas station” in the Chungcheongbuk-gu Petition C.

B. On December 2, 2011, the Plaintiff entered into a petroleum product supply contract with the Defendant that the Plaintiff would supply petroleum products to the Defendant (hereinafter “first contract”).

(c)The main contents of the first contract are:

Article 1 (Purpose) The Plaintiff shall supply the Defendant with the petroleum products of GSknex (State) handled by the Plaintiff in accordance with the terms and conditions of this Agreement, and the Defendant shall purchase them from the Plaintiff.

Article 2 (Supply Products) Products supplied by the Plaintiff to the Defendant under this Agreement shall be General Petroleum Products, including gasoline, indoor light, visible light, light oil, light oil, lubrication, etc.

Article 3 (Supply and Purchase)

1. During the contract period, the defendant shall directly purchase the whole required products from the plaintiff.

2. The plaintiff must supply the full amount of the defendant's required products.

However, when the requirements of the plaintiff's former customer are not satisfied due to force majeure, aggravation of the status of petroleum supply and demand, government's order, etc., the plaintiff shall be supplied on board in consideration of the current sales volume.

Article 9 (Support Matters) The plaintiff shall assist the defendant in the following matters to increase the sales of petroleum products in good faith as long as the defendant faithfully complies with the contract:

1. Support for facilities indicating trademark by GSknex;

2. In the event that the Defendant of Article 14 (Termination of Contracts) of the GSknex’s Facility Maintenance Assistance falls under any of the following subparagraphs, the Plaintiff may terminate the contract with written notice:

(1) Where the defendant violates Article 3(1), Article 15 (Presumed Damages)

2. Where the defendant violates Article 3(1), the amount equivalent to 20% of the monthly average sales of the defendant's previous year or last three months.

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