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(영문) 서울중앙지방법원 2015.07.24 2014가합569283
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 36,285,856 and its amount from October 16, 2014 to July 24, 2015.

Reasons

Basic Facts

The Plaintiff is a French legal entity that manufactures and sells sonn, native water, cosmetics, etc. and holds trademark D'D' as designated goods and carries out business related to spaw in many countries, including France, and Defendant B Co., Ltd. (hereinafter "Defendant Co., Ltd.") is a Korean legal entity established to carry on cosmetic sales business, etc.

On February 13, 2013 between the Plaintiff and the Plaintiff on a five-year basis, the Defendant Company received D’s related products from the Plaintiff, and directly used or sold them to the Plaintiff, and entered into a franchise agreement (hereinafter “instant agreement”) with the Plaintiff to pay the Plaintiff a certain percentage of the royalty sales. From around that time, the Defendant Company operated D’s business in Seoul E hotel.

4조 ARTICLE 4 : DURATION This partnership is agreed to and accepted for a period of 5(five) years which shall commence no later than February 13, 2013 taking into account future investments made by THE LICENSOR. This partnership will be automatically renewed by tacit agreement for additional periods of 2(two) year. ARTICLE 8 : SUPPLY To maintain the identity and reputation of D, the LICENSOR shall make available to the CLIENT all the required information in his possession concerning the products, recommended prices, and terms of sale. The CLIENT commits to buy the products only from the LICENSOR (directly or through his future importer in South Korea), in order to offer them for resale to consumers exclusively in the D SPAs in South Korea as well as for the professional use of the range dedicated for this purpose. ARTICLE 10 : REMUNERATION The CLIENT commits to pay to the LICENSOR the standard fee of 3% (three percent) of gross annual revenues excluding tax of all D Spas franchised in South Korea. For the D SPA at E, it was exceptionally agreed for the six first months which means from...

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