(영문) 서울중앙지방법원 2016.06.30 2015가합576387

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자간(%)

(영문) 서울중앙지방법원 2016.06.30 2015가합576387

상표사용금지 등 청구의 소

Text

1. The Defendant’s KRW 15,00,000 as well as annual 6% from April 17, 2015 to June 30, 2016 to the Plaintiff.

Reasons

1. Article 2 (Subject-Matter and Method of Sale) The Plaintiff supplies the goods produced and sold by the Plaintiff to the Defendant (hereinafter “goods”) and sells them to the Defendant.

Article 4 (Restriction on Goods Sold)

1. The items handled by the Defendant are limited to the items supplied by the Plaintiff.

2. The Defendant shall not display or sell goods other than those supplied by the Plaintiff, and in the event of displaying or selling goods supplied by a third party in violation of this, shall be liable to prevent the Plaintiff’s infringement of trademark rights, damage to brand image, and business, and shall compensate for damages of KRW 30 million as a penalty.

3.2. In order to secure the damages as stipulated in paragraph (2). The Defendant shall notarized its promissory note and deliver it to the Plaintiff simultaneously with the contract.

Article 5 (Places of Business and Sales Facilities)

1. In order to operate the plaintiff's agency, the defendant shall secure a place of business under the defendant's responsibility and obtain approval from the plaintiff.

2. The defendant shall install the interior and signboard as determined by the plaintiff in accordance with the plaintiff's criteria, and as far as possible, it shall be installed by the facility enterprise designated by the plaintiff, and when the defendant intends to select and construct the business voluntarily, it shall meet the criteria determined by the plaintiff.

3. The defendant cannot change the facility standards set by the plaintiff voluntarily in conducting business activities.

Article 8 (Supply and Sale Prices)

1. The supply price of goods that the Plaintiff supplies to the Defendant is based on the supply price determined by the Plaintiff, and the supply price of goods supplied to the Defendant when price increase factors occur due to considerable cost increase, etc. In this case, the price shall be adjusted by written notification of the Plaintiff without any separate

2. In selling the plaintiff's goods, the defendant shall observe the consumer recommended price as determined by the plaintiff, and may not sell them at a discounted price as decided by the defendant.

Article 9 (Transaction Bond)

1. The defendant shall make transactions.

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