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(영문) 서울중앙지방법원 2018.11.20 2017가단5182906
청구이의
Text

1. The Seoul Central District Court 2013da270794 (main office) against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The defendant is a company established to run a singing practice room business, and runs a singing practice room business with the trade name of "Csing practice room".

On November 30, 2012, the Plaintiff purchased a “C singing practice room” (hereinafter “instant singing practice room”) located in the 9th floor of the Goyang-gu Seoul Metropolitan City D Building operated directly by the Defendant from the Defendant, and operated the instant singing practice room until May 19, 2017.

B. Upon the above acceptance, the Plaintiff entered into a transfer contract with the Defendant that the Plaintiff shall take over the entire business rights and internal facilities of the instant singing practice room in the amount of KRW 50 million, and entered into a special agreement on the replacement of the trade name and signboards (hereinafter “instant special agreement”) as follows.

Article 7 (Matters of Special Agreement) The trade name and the current trade name as of December 7, 2012 shall be completely replaced by the "C Kinging practice room".

The trademarks, trade names, and phrases of C-sing practice room shall be replaced all over all areas of the entrance and place of business of room and room room room room. If the time of replacement with the above section is delayed, compensation for delay shall be paid at KRW 100,000 per day.

In addition, interest for delay on liquidated damages shall be 29% per annum.

After the replacement of a signboard, a photograph before and after the replacement shall be delivered to the defendant.

At any time, it is possible to approve the position of the store at any time when the defendant or his/her agent visits the trade name, trademark, or removal of phrases of the C Kinging Machine used by the defendant, and to place a photograph thereon.

C. Even after December 7, 2012, the Plaintiff continued to use the trade name or service mark of the instant karaoke machine’s signboards, etc., such as “C karaoke machine”, “Esing practice room”, “Fing practice room”, “Ging practice room”, etc., and operated the instant karaoke machine.

Accordingly, the Defendant filed a lawsuit claiming the agreed amount under Seoul Central District Court 2013da270794 (principal lawsuit), and the Plaintiff also made unjust enrichment under the 2014dada8934 (Counterclaim).

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