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(영문) 서울중앙지방법원 2017.07.13 2016가합507777
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs' service mark 1) The plaintiff B Co., Ltd. (the representative internal director A; hereinafter "Plaintiff B") is the home shopping event (a kind of interim distributor connecting vendor, home shopping company with the selling company).

) The service mark “” (hereinafter referred to as “instant service mark”) as shown in Appendix 1.

(2) On March 18, 2015, Plaintiff B transferred the instant service mark to Plaintiff A and completed the registration of transfer. On March 24, 2015, Plaintiff B registered the establishment of exclusive license for the instant service mark to Plaintiff B.

3) On July 17, 2015, Plaintiff E Co., Ltd. (hereinafter “Nonindicted Company”)

(B) On November 2, 2015, Nonparty Company transferred the instant service mark to Plaintiff A and completed the registration of transfer. (B) On June 24, 2013, Plaintiff B entered into a basic transaction agreement that is commonly applicable to the instant consignment transaction with Korea Home Shopping Co., Ltd., Ltd., operating the Home Shopping channel, and the said consignment transaction for goods or services.

2) On July 15, 2013, Plaintiff B and the Defendant concluded a product supply contract related to home shopping broadcasting as follows (hereinafter “instant product name”): F

2. Commodity composition and price: 26,730 won/art (including value-added tax).

3. Costs for goods: 66,825,000 won (2,500 feet);

4. Period of transaction: One year from the date of contract.

5. Plaintiff B, including the payment and settlement of the purchase price of goods, shall pay the purchase price of the goods in KRW 30 million (including value added tax) on the date of the contract, and any balance remaining thereafter in installments at the time of the entry

Terms and conditions for the payment of the price of goods for additional purchases shall be determined by agreement.

The settlement of accounts shall settle and pay 1/2 of the remaining sales profits, excluding the commodities paid in advance by plaintiffs B and all other expenses of plaintiffs B and the defendant at the time of the settlement of accounts.

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