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(영문) 서울고등법원 2015.08.19 2013나55098
손해배상(기)
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells red ginseng and ginseng products, and the Defendant is a trademark holder of a trademark of "public notice column" as a company that runs food service business and franchise business.

B. 1) The Plaintiff entered into a consignment contract with the Defendant on October 20, 2009, and red ginseng-related products produced by the Plaintiff (hereinafter “contract products”).

A) The Defendant’s right to use the “Public Notice” trademark is granted to the Defendant, and the Defendant pays fees for trademark use, consulting and sales activities to the Defendant. On the other hand, the Defendant entered into a consignment contract with the content that grants exclusive rights to sell the contractual products in Japan. The main contents are as follows: “A” entrusts B with exclusive rights to develop, publicize and sell sales networks in Japan within the contract products; and “B” is entrusted with rights to consignment of the contract products through the third company in Japan designated by the Party A. A may confer upon B through the third company in Japan. “A” the brand of the “Public Notice” holding the trademark right is KRW 1.5 billion in consideration of the use of the contract products in Japan; the market research for the entry into the contract products; the type and development of the products; and the conclusion of the contract with Japan; and the total amount of KRW 2.5 billion in the consignment contract amount is KRW 3 billion in consideration of the contract and all other similar duties to pay KRW 2.5 billion in advance to B within the contract period of KRW 1.5 billion (the additional duties shall be paid to Japan KRW 2.3 billion.5 billion.

B shall ensure, in cooperation with A, that the sales of the contract products amounting to at least 10 billion won per year during the term of this contract.

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