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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Gender Star Co., Ltd. (hereinafter “Maone Star”) established an exclusive license to use the trademark “F” (hereinafter “instant trademark”) on or around September 2004, with respect to the trademark registration number DF (hereinafter “F”) from September 2, 2004 to January 5, 2013 between the trademark right holder and the trademark right holder at the time, for a period from September 2, 2004 to September 5, 2013, the instant trademark was registered upon completion of the establishment of exclusive license to use the trademark of this case by G during the period from September 2 to September 5, 2004.
Afterwards, for the period from January 1, 201 to June 24, 2021, the exclusive license for the trademark of this case is established between the Defendant who is a trademark right holder at the time of the instant trademark on May 12, 201, and from January 1, 201 to June 24, 2021, the Defendant shall be paid KRW 465,00,000 for the portion to be used from January 1, 201 to June 24, 201, and each year for the portion to be used from June 25, 201 to June 24, 2021.
6. On July 24, 2014, the instant exclusive license contract was concluded with the effect that advance payment of KRW 380,000,000 was to be made, and accordingly, the instant exclusive license was completed as H on July 24, 2014.
B. The Defendant, who experienced managerial difficulties, including failure to pay the exclusive license fees from around 2014, extended the sum of KRW 168,000,000 in eight times from June 10, 2014 to December 29, 2014 as operating capital, and subsequently, extended the sum of KRW 290,000,000 including the value-added tax due to the use of the trademark, while additionally lending KRW 90,000 on February 25, 2015.
3. In case of failure to pay by December, 300, a letter of waiver was received to waive the exclusive license of the trademark of this case.
C. The trademark of this case, which is the only property on March 17, 2015, was in excess of the obligation as indicated below, in 2014 and 2015.