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1. The Defendant’s KRW 52,750,00 for the Plaintiff and 5% per annum from April 17, 2015 to February 10, 2017.
Reasons
1. Basic facts
A. (1) On December 8, 2010, the Plaintiff entered into a non-exclusive license agreement with the Defendant to use the Defendant’s registered trademark “Nasau” (registration No. 40-0354726, hereinafter “instant trademark”) from January 1, 2011 to December 31, 2015, and the Plaintiff was granted a non-exclusive license to manufacture and sell health supplies, health appliances, and appliances. The Defendant was granted a trademark license of KRW 85 million (i.e., annual trademark user fee of KRW 17 million x annual trademark user fee of KRW 5 million x value-added tax of KRW 5 years and value-added tax). The main contents related to the instant case are as follows.
Article 3 (Establishment of Trademark Use Right) The period of trademark use shall be from January 1, 201 to December 31, 2015.
However, if one of the parties does not express his/her intention to terminate the contract to the other party three months prior to the expiration date of the contract period, the contract in this case shall be automatically extended for one year under the same conditions, and the plaintiff shall pay the trademark fee under Article 5 after consultation on the renewal date.
Article 6 (Rights and Obligations of Parties)
2. The rights and duties of the plaintiff
A. The Plaintiff shall prepare and submit to the Defendant, not later than the last day of each quarter, the data containing the quarterly sales plan (including the transaction status) and the quarterly sales performance in the pertinent fiscal year in the form requested by the Defendant.
At this time, quarterly income statement shall be attached.
B. The Plaintiff shall submit the price structure at each stage of distribution to the Defendant simultaneously with the conclusion of the instant contract, and shall faithfully perform the obligation to observe and control the price order.
In the event of this, it is the reason for termination of the contract.
C. Upon entering into the instant contract, the Plaintiff shall submit all information on the place of production to the Defendant, and where any changes occur thereafter, the Plaintiff shall notify the Defendant in writing in advance.
(e).