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1.The judgment of the first instance shall be modified as follows:
Defendant B Company 45,696,976 and this shall apply to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who manufactures and sells clothing with the trade name H, and the Defendant Company B (hereinafter “Defendant Company”) is a company that supplies clothing and sells it through an agency, etc., and the Defendant C is the representative director of the Defendant Company.
B. On June 25, 2009, the Plaintiff: (a) delegated the planning and development of female clothes of the Defendant Company to the Plaintiff; (b) the Plaintiff concluded a contract for the supply of clothes with the route designated by the Defendant Company after planning and producing female uniforms; and (c) attached the trademark to the Defendant Company; and (d) agreed to pay the price of the clothing supplied as of the last day of each month as of the 15th of the following month.
C. The plaintiff was on July 9, 2009 between the defendant company and the defendant company.
With respect to the settlement of approval price among the clothing supply contract as stated in paragraph (1), the defendant company issued to the plaintiff the total of KRW 100 million on August 20, 2009 with the date of the bill prior to the order of the product, and paid to the plaintiff in cash the total of KRW 100 million after deducting the operating agency deposit amount from the cash approval letter on July 31, 2009, and the deduction for it is to be deducted from the third approval letter, and the clothing supply contract was amended to be that all of the bill was approved on August 2009.
On November 16, 2009, the Plaintiff returned to the Plaintiff the amount of KRW 8,639 and KRW 600,000,000 among female uniforms supplied by the Defendant Company between the Defendant Company and the Defendant Company, and the Plaintiff prepared a written agreement with the Defendant Company to accept it and directly supply it to the Defendant Company’s agency (hereinafter “instant agreement”). In so doing, the Defendant Company consented and actively cooperates with the Plaintiff’s agency’s business on existing and future products, and on the five-year following the Plaintiff’s implementation, indicated in the attached Form No. 1, among the five-story real estate listed in the attached Table for the next five years.