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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 145,137,017 and the interest rate thereon from November 24, 2013 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff: (a) concluded a trademark use agreement with HFP (Hachte Ftilipacid) company, which is a trademark right holder of France’s “E” (hereinafter “LLE”) with a company aimed at the wholesale business of clothing manufacture; and (b) produced and sold goods for childcare through an agency, etc. with the right to use a trademark within the Republic of Korea.
B. On April 1, 2010, the Plaintiff entered into an agreement with Defendant A and ELD chain, and around that time, supplied the goods produced by the Plaintiff to Defendant A, etc., and concluded an agreement with Defendant A again with Defendant A on June 15, 2012 (hereinafter “instant agreement”), and Defendant A paid KRW 50,000,000 to the Plaintiff as the transaction deposit pursuant to the instant agreement.
The Plaintiff (hereinafter referred to as “A”) and the Defendant A (hereinafter referred to as “B”) wishing to establish the ELD A”) agree to faithfully implement the following provisions and enter into this Agreement:
Article 3 (Transaction Deposit)
1. At the time of this contract, Eul shall deposit 50,000,000 won as transaction deposit in order to secure the credit payment obligation arising from the transaction with Gap, the damage liability, the support obligation of Gap at the time of cancellation, and other contractual obligations.
2.The entry into force of this Agreement shall accrue from the time Eul paid the transaction deposit to Gap.
Article 5 (Supply and Return of Goods)
1.B shall, in principle, receive all goods supplied by A.
4. B shall not later return to A any goods delivered, unless there is a cause attributable to A, but may request repair for any goods requiring repairs.
The cost paid by A) of repair costs shall be borne by B.
Article 6 (Price of Goods) B shall approve the price of the goods purchased from A on the 15th and 30th of each month, and the total amount of the attempted balance by the end of each month.