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(영문) 서울중앙지방법원 2015.01.09 2014가합543649

수수료 청구의 소

Text

1. The defendant shall pay 308,330,000 won to the plaintiff and 20% per annum from July 8, 2014 to the day of complete payment.

Reasons

1. Around June 27, 2013, the Plaintiff, a holder of service mark of “A” brand, entered into a contract for brand use with the Defendant to receive brand user fees corresponding to a percentage of monthly sales revenue from the Defendant on the 10th day of each month from July 1, 2013 to June 30, 2014; the Plaintiff, a holder of service mark of “A” brand around June 27, 2013; and the Plaintiff entered into a contract for brand use with the Defendant to receive brand user fees corresponding to a percentage of monthly sales revenue from the Defendant on the 405th day of June 27, 2013; the Plaintiff’s payment of management consulting fees to the Plaintiff at KRW 406,000,000,000,000,000,000,000,000 won to KRW 74,67,614,67, Jun. 30, 2014; and the Plaintiff’s payment of management consulting fees to the Plaintiff on the 14.

The fact that there is no dispute between the parties or is recognized by considering the overall purpose of the pleadings as a whole in each entry of Gap evidence of Nos. 1 through 10 (including each number).

Therefore, the Defendant, barring special circumstances, sought by the Plaintiff as of January 2014 through April 2014, 2014, the sum of the brand usage fees of KRW 280,8830,000,000 and consulting fees of KRW 27.5 million on April 2014 (== KRW 280,0830,000), and the instant case sought by the Plaintiff on the following day following the respective payment dates.