1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff entered into a contract with the Defendant for the market research and control activities of counterfeit goods.

During the period from February 1, 2012 to January 31, 2013, the main content of the contract is to conduct market research and control activities for the products that the Plaintiff violated the Defendant’s trademark right (hereinafter “boom”) and report to the Defendant, and to the Defendant, the Defendant pays the Plaintiff KRW 1,00,000 per month service expenses (the travel expenses for places other than the Seoul Gyeonggi Games are paid separately).

B. After that, the Plaintiff and the Defendant are above around February 1, 2013.

20,000 won per month was increased by the extension of the service contract for one year.

(hereinafter referred to as “instant contract” in total).

The Plaintiff performed the instant service until the end of the contract. The Defendant paid all monthly service charges to the Plaintiff from February 2, 2012 to October 2013 under the instant contract. However, the Plaintiff did not pay three-month service charges from November 2013 to January 2014.

The service cost on November 2013 under the instant contract (i.e., the agreed amount of KRW 3,00,000,000) (i.e., KRW 1,149,637), and the service cost on December 2013 is KRW 4,004,066 (i.e., the agreed amount of KRW 3,00,000,000) (i.e., KRW 640,060), and the service cost on January 2014 (i.e., the agreed amount of KRW 4,607,596 (= the agreed amount of KRW 3,00,000) plus KRW 13,176,724).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 13,176,724 (hereinafter “paid amount of service charges”) and delay damages pursuant to the instant agreement, barring special circumstances.

B. As to this, the Defendant failed to faithfully conduct the market survey and control pursuant to the instant contract, such as submitting a false control report.