손해배상(상) 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a trademark right holder and a service mark holder of each trademark and service mark listed in the separate sheet No. 1 (hereinafter “each of the instant registered trademarks and service marks”).
B. On November 14, 2011, the Plaintiff entered into the instant license agreement with the Defendant with the following terms and conditions (hereinafter “instant license agreement”).
Since then, the general provisions of the license agreement of this case is LICNES in Korea, and the defendant is granted the exclusive right for the use, production, and sale of the trademark "trademark" under the manufacture in Korea and OEM with respect to a person who has entered into a trademark license agreement from the plaintiff as follows. The plaintiff recognizes his/her right to the defendant.
Article 1 Section 2(2) of the Act provides that the Defendant shall have the exclusive right to use the trademark in Korea “contractual products” and to use the trademark in Korea and to import the products other than the products under the contract, as permitted under this Agreement, and shall have the exclusive right to use the trademark in Korea and to import the products other than the products under the contract.
Article 3 Section 1, a royalty, consists of "trademark" use, design services, and advertising parts.
(2) From the time of the contract to use the trademark until January 30, 2014: 30 million won, and from the time of termination of the contract under separate Article 10 of the Value-Added Tax Act, the Defendant may not perform an absolute treatment (e.g., wholesale, retail, transfer, consignment, etc.) without prior consultation with the Plaintiff regarding the entire inventory of “contract products” from the time of termination at the time of termination of the contract.
On March 2013, the plaintiff and the defendant were terminated.
【Recognizing the absence of any dispute, entry and pleading of Gap evidence 2 and 12 (including a provisional number; hereinafter the same shall apply).