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(영문) 의정부지방법원고양지원 2016.09.08 2015가합72804

손해배상(지)

Text

1. The Plaintiff (Counterclaim Defendant) is KRW 36,930,200, and KRW 20,000,000 to the Defendant (Counterclaim Plaintiff, the appointed party), and the appointed party C.

Reasons

1. Facts of recognition;

A. On March 15, 192, the Plaintiff was registered as the holder of the trademark indicated in [Attachment 2] Nos. 1, 2, 3, and 4, which are the marks and registered service marks listed in [Attachment 2] Nos. 1, 2, and 3, and 4, which are the registered trademarks, and manufactured and sold the teas, etc. using the instant registered trademarks, etc. (hereinafter “the teas of this case”).

The plaintiff (hereinafter referred to as "A") and the designated parties (hereinafter referred to as "B") shall enter into a branch contract with respect to the basic matters of the transaction they sell on their behalf as follows:

Article 4 (Sales and Sales Rights of Products) (2) A may place places of business and sales within the jurisdiction of Dong.

The Internet homepage may be set up for the business.

Article 5 (Sales Contract) B shall, in principle, sell Party A’s products to consumers by purchasing them from Party A.

Article 6 (Confirmation of Agency) (2) B shall be guaranteed the servitude of the area to be established by A, and trademarks, designs, patents, etc. shall be used with Gap.

Article 7 (Scope and Price of Handling Goods) (1) Goods and prices supplied to B by A under this contract shall correspond to the provisions of the head office.

② A’s products newly announced in addition to the separate table during the term of this contract form A’s automatic sales right.

(3) The sale of other products by Gap shall be entered into with Gap.

Article 9 (Term of Contract) The term of validity of this Agreement shall be at least one year from the date of conclusion of the Agreement, at least three years, and at least two months prior to the completion of the contract period, A and B shall enter into a separate contract.

Article 10 (Formation of Contract) The contract shall be automatically terminated when the deposit is not paid in full within three days from the date of preparation of the contract, or when the goods are not purchased at the beginning.

B - Amount of 10 million won per region and at least 10 million won per month.