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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.05.20 2019나64457
약정배상금
Text

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

Reasons

1. The parties' assertion

A. Defendant B’s assertion is jointly and severally liable to compensate the Plaintiff for damages amounting to KRW 50,00,000, and damages for delay, as Defendant C and D jointly and severally guaranteed Defendant B and their debt, because they used the trademark, labels, and stuffs of the E Co., Ltd. (hereinafter “E”) in violation of the terms and conditions set forth in the Agamblings sales contract concluded with the Plaintiff.

B. Defendant B’s assertion that Defendant B had not used the trademark, labels, and stuffs E.

E A Stickers were manufactured and posted to cover the E trademark, labels, and sold.

In addition, in the case of exhibition sales, it was displayed and sold after cutting off stuffs, and in the case of the Internet sales, it was put in other stuffs and sold.

2. Comprehensively taking into account the respective descriptions, images, and arguments of Gap evidence Nos. 1, 3, 4, and 5 (including serial numbers, if any), the plaintiff entered into a sales contract with the defendant Eul on February 28, 2017 (35L 869, 80L 984, 110L 213) by setting the price of 50,000,000, and the due date as of August 31, 2017 (hereinafter "the contract of this case"), and delivered the above ice stuff to the defendant Eul on March 3, 2017 (However, it seems that there is dispute over all delivery of the quantity stipulated in the contract of this case). The plaintiff's "the defendant Eul's special terms and conditions of the contract of this case were removed," and "the defendant Eul's 200,000, 200, 205, 200, 200, 200.

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