2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is an exclusive licensee of the registered trademark C (D, hereinafter “instant trademark right”) of trademark registration number C.

B. From May 11, 2017 to May 10, 2018, the Plaintiff entered into a trademark right use agreement with the Defendant to allow the use of the instant trademark right and receive KRW 5,000,000 per month as trademark use fee (hereinafter “instant agreement”).

C. On January 18, 2018, the Plaintiff notified the Defendant that the instant contract was terminated due to the Defendant’s breach of the contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. According to the facts found by the Defendant’s obligation to pay trademark use fees, the Defendant, while producing and selling clothing using the instant trademark right, failed to pay KRW 30,000,000 for six months from August 18, 2017 to January 2018. As such, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the annual rate of 15% per annum as prescribed by the Civil Act from January 18, 2018 to March 23, 2018, the delivery date of the instant complaint from the next day to the date of full payment, as the unpaid trademark use fees from August 2017 to January 2018 under the instant contract.

3. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that a claim for royalty for the trademark for the aforementioned period is unjust on the grounds that the portion of May, 6, and July 2017 was in a partnership relationship. However, the Plaintiff sought a royalty for the trademark from August, 2017 to January, 2018, rather than the period claimed by the Defendant. Therefore, the Defendant’s allegation is without merit.

B. The Defendant, even though the Plaintiff was willing not to sell or produce in the E market, etc. at the time of running the business with the Defendant.