손해배상(기)
1. The Defendant’s KRW 15,636,447 for the Plaintiff and KRW 5% per annum from June 30, 2018 to April 9, 2019.
1. Facts of recognition;
A. On January 2, 2017, the Plaintiff entered into a non-exclusive license agreement with C Co., Ltd. (hereinafter “C”) to use D trademark for physical use items, and was entitled to produce and sell goods bearing the said trademark for three years until March 31, 2020. The Plaintiff deposited KRW 34,500,000 for the first year (from January 2, 2017 to March 31, 2018) around that time.
B. On June 27, 2017, the Plaintiff entered into an external production processing contract (hereinafter “instant contract”) with the content of requesting the external processing of 1,00 parts of physical exercise files bearing the said trademark for a two-year contract period to the Defendant, who is engaged in the manufacturing of new shoes, clothing, and miscellaneous products (hereinafter “instant contract”).
C. Around July 2017, the Plaintiff paid KRW 3,676,100 to the Defendant, the down payment of KRW 16,316,250.
On September 21, 2017, the defendant requested the plaintiff to deposit the balance of US dollars 19,380 including production costs and customs duties, and US$ 22,159,092, and also suggested a plan to deposit the balance by the 30th of the same month.
Accordingly, the Plaintiff deposited KRW 5,00,000,000 on September 29, 2017, and KRW 17,166,844 on October 20, 2017 to the Defendant as the remainder.
E. Around November 2017, the Defendant received a 1,000 colony supply at a Chinese production plant, and notified the Plaintiff that the entire quantity was confirmed as inferior and would be discarded. Around that time, the Defendant agreed to supply up to January 20, 208 in addition to 300 units to replace the delayed compensation due to delay in the payment period.
F. On March 13, 2018, the Defendant supplied 955 units of sports, and supplied 219 units of physical compensation for delay, which indicated that the Defendant was selected from among defective goods to be discarded, that it was difficult to produce the remainder of 45 units of physical compensation for the Plaintiff’s demand for additional supply.
G. On April 30, 2018, the Plaintiff violated the Defendant’s warranty, delay compensation, and confidentiality.