(영문) 서울남부지방법원 2019.01.31 2018가단12500

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(영문) 서울남부지방법원 2019.01.31 2018가단12500

손해배상금

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1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff primarily asserts that the defendant company and the conjunctive defendant C are parties to the agency contract with the plaintiff, and that they are obligated to pay 50 million won as a penalty for violation of the contract and delay damages.

In this regard, the defendant company and the defendant C did not bear the duty of agency contract against the plaintiff, and therefore they did not have the duty of payment of penalty.

2. Recognizing the use of the registered trademark and trade name designated or used by the Plaintiff’s F and other headquarters to a partner listed below, the headquarters shall accept the partnership:

1) Store name: F E E-art Hamn 2: Defendant C3) Store size: approximately approximately 20 square meters

1. The duration of this Agreement shall be from the date of the conclusion of this Agreement to the date of the contract between the head office and the Empt, unless the contract is terminated under articles 6 and 7.

Article 4 [Expenses for Permission of brand / Logistics Deposit / Latti]

1. A partner shall pay to the head office the brand licensing cost of seven million won (excluding surtax), as the price for the use of the trade name, trademark and business know-how provided by the head office, as the price for the use of the know-how of the trademark and business.

This contract shall enter into force when brand permission cost is to be paid.

No brand permission fee shall be refunded in no case.

2. A partner shall deposit three million won as a security deposit at the head office.

Distribution deposit shall be settled at the time of termination of the contract and the head office shall be repaid to partnership partners.

The logistics headquarters shall be delivered to the door-to-door distribution.

The payment of the distribution expenses of the head office shall be made by the 10th of the following month.

3. A partner shall pay 1% of the monthly sales to the head office as royalties.

4. The price for the transfer or acquisition of a store shall be KRW 40 million;

(Business Succession) Article 5 (Business Succession) (Business ] Where the following matters are approved from the head office during the contract period, the name of the representative under this Agreement.

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