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1. The defendant shall pay to the plaintiff the amount of KRW 54,492,049 and KRW 35,642,049 from July 3, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a stock company that manufactures and sells crude oil, various kinds of oil, and other petroleum and chemical products, etc., and the Defendant is a person who operates a gas station in the name of “D gas stations” (hereinafter “instant gas station”).
B. On April 18, 2014, the Defendant entered into a basic contract with E Co., Ltd. for the supply of petroleum products and the use of trademarks, and entered into a facility support contract on June 1, 2014 (hereinafter “instant facility contract”), and indicated E Co., Ltd. for POS facilities to be provided by POS facilities, and the “F” brand to be provided by E Co., Ltd., and operated the instant gas station.
C. On August 10, 2017, the Plaintiff acquired the business including each of the above contracts from E Co., Ltd., and the Defendant consented to the above business takeover on September 25, 2017.
On May 4, 2018, the Defendant concluded a basic contract for the supply of petroleum products and the use of trademarks (hereinafter “instant supply contract”) with the Plaintiff.
E. The main contents of the instant supply contract and the instant facility contract are as follows.
Article 3 (Basic Matters) (2) of the supply contract of this case (hereinafter referred to as “instant supply contract”) of the Plaintiff’s stable supply capacity of petroleum products, strict quality control, and high level of customer image accumulated in the petroleum market according to his own free decision, the Defendant determined that selling petroleum products supplied by the Plaintiff using a F brand can maximize his own interest, and thus, the Defendant would be provided with the Plaintiff with the entire amount required for petroleum products required by the gas station during the effective period of this contract.
Article 4 (Use of F brands) (1) The defendant shall use only F brands for the sale of petroleum products of gas stations and businesses incidental thereto during the contract period, and shall not use or indicate any trademark, etc. other than F brands.
(2)