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(영문) 서울중앙지방법원 2020.04.29 2018가합575767
손해배상(기)
Text

1. The Defendant’s KRW 37,870,257 as well as the Plaintiff’s annual rate of 5% from November 6, 2018 to April 29, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff of the parties, etc. is a company whose purpose is to manufacture, sell, and brand licensing business, etc. with the brand called “C”, and the Defendant is a company whose main purpose is to manufacture, sell, and sell clothing and miscellaneous articles.

D Co., Ltd. (hereinafter referred to as “D”) is a company established on August 22, 2012 for the purpose of C special advertising business, etc. that sells products, such as C organization specialty clothes, C Taekwondo organization uniforms, etc. (hereinafter referred to as “special advertising products”) attached to the Plaintiff’s registered trademark (C).

B. On February 19, 2013, the Plaintiff, the Plaintiff, and the Plaintiff under the relevant transaction relationship, and the Plaintiff entered into a supply contract to determine the rights and obligations of the Parties in the production and supply of the Defendant’s unique goods upon the Plaintiff’s request (hereinafter “instant supply contract”) / [Definition of terms] used in this contract, and the definitions of terms not defined in this Article are in accordance with general commercial practices. The term “Plaintiff trademark” refers to all indications indicating the Plaintiff’s products, such as trade name, trademark, LABEL, labelling, and TAG, designated by the Plaintiff to be attached to the products that the Plaintiff entrusted to the Defendant. The products refer to the products supplied by the Defendant to the Plaintiff under this production and attached the Plaintiff’s trademark. The items of the products are expanded to the scope of C-specific clothing products and C- Taekwondo organization uniforms pursuant to this contract. Article 6-2 [in case of a subcontract], the terms used in this contract are as follows:

If the subcontractor is located in a third country, which is not the Republic of Korea, the defendant shall individually perform the obligations under this contract, and this is generated by the subcontractor.

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