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The counterclaim of this case is dismissed.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 24,00,000 to the Plaintiff (Counterclaim Defendant) and this.
Reasons
Facts of recognition
On June 2, 2015, the Plaintiff entered into a contract for vicarious execution of official merchandise coupon projects with the Organizing Committee for the 2015 North Korean Military World Games.
In addition, on June 30, 2015, the Plaintiff entered into an official merchandise coupon business contract with the Defendant (hereinafter “instant business contract”) with the following terms and conditions, and received a letter from the Defendant to pay KRW 20,000,000 out of the following consideration on the same day, and received a letter of intent to pay KRW 24,000,000 by August 31, 2015:
(hereinafter referred to as “instant letter”). Article 1 (Adjustment of Terms) The definitions of terms used in this Agreement are as follows:
7. The term “permitted Product” means a Product set out in [Supplementary 1].
Article 2 (Grant of Rights) (1) The plaintiff shall grant the defendant the following rights during the contract period in accordance with the following terms and conditions:
1. The right to use the insignia as a mark in the manufacture, trade, sale, propaganda or advertisement of permitted products in the Republic of Korea;
2. Article 9(1) of the right to describe in the Defendant’s permitted product as stated in [Supplementary 1] ① In consideration for the interest of the right granted to the Defendant under this contract, the Defendant shall pay to the Plaintiff the amount set forth in [Supplementary 3] of this Agreement.
[Attachment 1] Permitted Products means the following products:
The name (type): The person entitled to commercialization of 44,00,000 won in cash shall be paid to the Plaintiff from the Fund in the following manner: clothing, Titts (marts), Marts (Marts), wind burgs, etc.
1. Payment account;
2. The remainder of KRW 20,000: (a) on August 31, 2015, the remainder of KRW 24,000,000 (hereinafter “the remainder of this case”) [the grounds for recognition] does not dispute; (b) according to the above-mentioned facts of determination as to the grounds for a claim for judgment as to the claim of the main claim for the entire purport of the pleadings, the Defendant shall pay to the Plaintiff the remainder of KRW 24,00,000,000 (hereinafter “the remainder of this case”) under the business agreement of this case and the respective text of this case.