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(영문) 서울동부지방법원 2020.12.01 2019가단132460
용역비
Text

1. The Defendant’s KRW 137,500,000 and the Plaintiff’s annual rate of KRW 6% from May 1, 2019 to May 28, 2019.

Reasons

1. Basic facts

A. On March 15, 2019, the Plaintiff entered into a service contract with the Defendant with the following content.

The plaintiff and the defendant conclude a brand licensing consulting services contract as follows:

Article 1 [Purpose] The purpose of this Agreement is to request the Plaintiff to arrange for a brand (C) contract, and the Plaintiff shall provide the necessary matters in accordance with the terms and conditions of the request.

Article 2 [Business Performance of the Plaintiff] Group A, including License Agreement for C brand: Consultation B: New brand development consulting using license (payment of service charges for consulting and license agreements)

1. The Defendant is obliged to pay the Plaintiff in cash on April 30, 2019 total of KRW 100,000,000 in return for the services for consulting and licensing contracts (VAT separate) and annual royalty costs of KRW 25,00,000 in return for the services for consulting and licensing contracts.

2. Value added tax of KRW 2,500,000 for the first year with the payment method of the royalty (1%) for the calculation of royalties and the payment method thereof, and the amount paid for the royalty (1%) for the first year with the contents of the payment method separately.

B. On November 2018, at the request of the Defendant, the Plaintiff concluded a license agreement with Dr. Dr., the Defendant’s subsidiary, rather than the Defendant.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 137,50,000 won (i.e., service costs and value-added tax 110,000,000 won for the first street and value-added tax 27,50,000 won) and for this, from May 1, 2019 to May 28, 2019, which is the day following the due date for payment, the original copy of the payment order of this case, 6% per annum under the Commercial Act, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, as claimed by the plaintiff from the next day to the day of full payment.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so ordered as per Disposition.

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