1. The Defendant (Counterclaim Plaintiff) paid KRW 93,730,395 to the Plaintiff (Counterclaim Defendant) and its amount from October 17, 2017 to April 23, 2019.

1. Basic facts

A. The Defendant, while operating the “C” company, was manufacturing and selling other lines and related supporting goods. However, the Defendant requested D, a malicious professional, to have the trademark created on the goods, such as the lines, and requested D to have the trademark created on the goods. Accordingly, D completed two designs of the E trademark around May 2013.

The defendant registered the establishment of trademark right at the F date and G date upon receipt of a registration decision from the Korean Intellectual Property Office concerning the trademark E.

B. D, along with the Plaintiff, established “H” as the representative of the Plaintiff, upon completing the trademark composition of the E trademark, and demanded the Defendant to have the exclusive domestic sales right for the E goods.

On April 3, 2015, the Plaintiff started purchasing E and other lines from the Defendant, and started a domestic monopoly sales agency business in the Republic of Korea. From May 2, 2015 to May 2, 2015, the Plaintiff entered into a domestic monopoly sales agency contract with the Defendant with respect to the esting finished products produced and supplied by the Defendant on its own on August 24, 2015 (hereinafter referred to as “instant contract”). From May 2, 2015, the Plaintiff entered into a domestic monopoly sales agency contract with respect to the esting finished products produced and supplied by the Defendant (hereinafter referred to as “instant contract”), the key contents of which are as follows:

Article 1(Contract Items) Contract Items are limited to Estling finished products (hereinafter referred to as “products”) produced and supplied by the Defendant in its own, except for other/bes/Naking Ebling that the Defendant directly supplies to the Estling factory.

Article 2 (Order and Delivery of Goods) (3). In principle, the defendant shall deliver the ordered goods within the agreed payment period to the plaintiff, and the plaintiff shall raise an objection within seven days when there is any problem after the receipt of the goods.

The payment date shall be the plaintiff.