정산금 청구의 소
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
1. Facts of recognition;
A. The Plaintiff is a company that operates the cosmetic of the trade name (formerly: D) of “C” and operates the development and sale business of cosmetics, beauty products, etc. at the same time. The Defendant is a company that operates brand consulting, cosmetic manufacturing, broadcasting (communication) sales business, etc.
B. On August 11, 2016, the original Defendant entered into a business cooperation agreement with the purport that the Plaintiff’s brand trademark right, patent, content, etc. provision of his brand trademark right, and the Defendant jointly conducts the development, manufacture, sale, etc. of the Hague products by taking charge of the planning and development, etc. of the products, and divide the profits accrued therefrom into 50:50 (hereinafter “instant agreement”).
[The contract of this case] Article 2 (Types of Cooperative Project) "A" (the plaintiff, the same hereinafter) and "B" (the defendant, the same hereinafter) provide their brand trademark rights, patents, content, home shopping broadcasting contributions, etc., and "B" are businesses that lead the planning and development of products, and divide profits derived from business, manufacture and tolerance, publicity, and sale, and if necessary, they make a separate brand by mutual agreement.
Article 3 (Definitions)
1. The term “subject product” in this Agreement means any product jointly developed by “A” and “B” and any product in which “A” or “B” have the right to sell.
2. The term “subject product” means any product related to the skin, including two skins, and, in principle, includes equipment, etc. related to “subject product”.
3. The term “sale channels” means home shopping, online, off-line, export and special sales, and other sales;
Article 4 (Ownership, Sale, and Profit-making)
1. “A” and “B”, in principle, shall be jointly developed, manufactured and sold with respect to the brand of the subject product.
3. “A” and “B” have the right to 50:50, and at the time of registration of a new brand, they have the right to 50:50 same ownership.
Article 5. Development and.