(영문) 서울중앙지방법원 2019.11.21 2019나36188

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(영문) 서울중앙지방법원 2019.11.21 2019나36188

약정금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an agent for permission to use “C” brand (hereinafter “C”) and the Defendant is a company that manufactures and sells electronic commerce (mail-order sales) and sports clothes.

B. On March 14, 2018, the Plaintiff entered into a contract with the Defendant to grant the right to use the instant brand regarding the clothing produced and sold by the Defendant (hereinafter “instant contract”). The key contents are as follows.

Article 2 (Scope of Definition and Right to Use) The Plaintiff shall grant the Defendant the right to use this brand during the contract period to the extent that:

(1) Use area: The service period of the Bank of Korea (TV Home Shopping, Kabro, Internet): 2018S, and (3) the scope of use during the D broadcasting period: 10Lok (20 billion) and 5 months: The defendant's product with the "C" trademark attached to the plaintiff's product and sold with the approval of the plaintiff.

Article 3 (Term of Contract) The term of contract provided for in this Agreement shall be from March 14, 2018 to August 13, 2018, and five months, and the extension or reduction of the term of contract shall be limited only by mutual agreement.

Provided, That the period of collection inspection shall expire on August 31, 2018 when the SPRING&SUM period expires in 2018.

Article 4 (1) (Payment of Price) In return for the right to use this case’s brand under this Agreement, the Defendant shall pay the Plaintiff in accordance with the following terms and conditions of payment:

1-1) Advance Payment: EUR 10,000 (AT Map 1-2): Sales 3.5% (VAT Map 1-3): EUR 10,000 (payment in advance, and VAT Map) contract advance amount shall be paid and not returned within three days after the date of signing the contract. (3) On the 10th of the following month after the end of each month, the Defendant offered the Plaintiff with materials related to the Defendant’s sales and settlement, and offered the fees calculated in accordance with paragraph 1 of the TV broadcast sales portion. (1) The Defendant offered to the Plaintiff on the 15th (Online Sales), the last day of the following month (the fee calculated in accordance with paragraph 1 of the TV broadcast sales portion).

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