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(영문) 서울중앙지방법원 2018.05.18 2017가합540016

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 100,000.

Reasons

1. Basic facts

A. The Plaintiff is a trademark right holder for the following marks.

F 2 GD/E No. 25: 1 CD/E No. 1 CD/E on the filing date of the registration date / 1 CD/ E on the date of the application of the registration date / F 33D/ I 35 for infants, such as clothing for infants, infant fry, infant fry, shoes for infants, shoes and booms for infants: J, such as cosmetic for infants, cosmetic retail for infants, Internet integrated shopping mall, mail order brokerage by telecommunications, etc.

B. On May 26, 2016, the Plaintiff and the Defendant concluded a contract with the Plaintiff to supply goods to the Defendant. At that time, the Defendant paid KRW 100 million to the Plaintiff KRW 100 million as stipulated in the main sentence of Article 1(5) of the instant contract.

The main contents of the instant contract are as follows.

(hereinafter referred to as the “instant contract.” Article 2 of the “Items to be attached” is as indicated in the annexed Supply Items). Article 1 [Purpose of Supply and Liability] of the Export Contracts for Goods (China Exclusive Sales Rights) (1) The instant contract guarantees the Defendant’s right to exclusive export and sale in China.

② This contract is limited to the goods stipulated in Paragraph 1 of Article 2, and the products which the Plaintiff has an intent to enter into a contract among all the products supplied are guaranteed the Chinese monopoly's right to sell them under a separate contract.

③ The Defendant and the Plaintiff shall be liable for mutual damages arising from the breach of the terms and conditions of this contract.

⑤ At the same time as this contract is concluded, the Defendant shall pay 10% annual contract amount to the Plaintiff as security deposit.

Provided, That the amount of security deposit paid shall be returned to the defendant upon termination of the contract.

Article 2 [Supply Products] ① Payment of 10% of the container deposit per unit of the product 1 billion won (based on the standard of 100 billion won) listed in the 100 billion won (based on the standard of influence) non-specified items for basic summary items (based on the annual quantity of the product).

(5) Items supplied: [Attachment] products supplied.