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(영문) 서울중앙지방법원 2020.11.10 2020가단5097787
약정금
Text

The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from November 23, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trademark right holder of the following trademark (hereinafter “instant trademark”); the Defendant entered into a trade license agreement with the Plaintiff on October 5, 2018 regarding the instant trademark from September 13, 2018 to March 12, 2019, under which the term of the contract is from September 13, 2018 to March 12, 2019 (hereinafter “instant contract”).

C Registration Number D, goods using the trademark E on the date of registration and classification: Category 25, No. 19, F registration number G for golf franzs and scackers, etc., goods and classification of goods using H trademark on the date of registration: Category 25, No. 19, scacks, etc.

B. The instant contract contains the following contents:

(However) Under the below, “A” and “B” shall enter into a separate contract with “A” and pay a separate trademark fee in case where “B” intend to sell a trademark in circulation channels other than off-line, such as online or online sales. The purpose of Article 1 is omitted [Provided, That in the event that the sale of a trademark attached to a subway store is confirmed, it shall not be sold in the subway store, and in the event that “B” intends to sell a trademark attached to a subway store, it shall be immediately terminated upon confirmation of the sale of a trademark attached to a subway store.”

(Other circulation channel sales will be terminated immediately after the end of the contract. At the time of sales verification, all products distribution will be responsible for “B” and shall be paid not more than 30 times the trademark user fee as penalty. 【At the time of failure, the legal action shall be taken immediately. ? The trademark user right of “B” after the end of the contract period shall be automatically terminated.

The term "B" shall remove the entire level immediately after the termination of the contract.

The person who takes over goods from "B" shall remove the same level as the person who takes over the goods, and the responsibility for the violation shall belong to "B".

(1) If “B” sells a product to a third party (other distributors), it may sell a product bearing brand labelling only within the term of the contract, and after March 12, 2019.

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