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(영문) 서울중앙지방법원 2021.02.05 2020가합545325
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a corporation established under the laws of the State of the United States of Netherlands and engaged in a fashion-related business with its head office in the State of New York.

C Co., Ltd. (hereinafter “C”) is a corporation incorporated under the laws of the Republic of Korea and engaged in business consulting, etc. with its headquarters in the Republic of Korea, which is a transfer agent for the business in the Republic of Korea of the Plaintiff.

The defendant (the defendant's previous trade name was "D," and the trade name was changed to "E" on October 15, 2019, and thereafter changed to the current trade name on January 30, 2020) is a corporation established in accordance with the law of the Republic of Korea, which is engaged in the business of exporting and importing clothes and household goods, etc. with its headquarters in the Republic of Korea.

F Co., Ltd. (hereinafter “F Co., Ltd.”) is a corporation established in accordance with the laws of the Republic of Korea and operated the clothing sales business, etc. with its head office in the Republic of Korea.

B. On January 8, 2019, the Plaintiff entered into a license agreement between the Plaintiff and F Company with respect to the trademark “G” owned by the Plaintiff, under which F Company granted licenses so that the Plaintiff can sell the clothing attached to the said trademark in the Republic of Korea and F Company would pay a certain license fee to the Plaintiff (hereinafter “instant agreement”).

(c)

The F Co., Ltd., conducting consultation on the transfer of contractual status of the instant contract, had been faced with difficulties due to the economic depression and aggravation of financial standing, etc. while conducting the instant contract, and sought the attraction of new funds investment or the merger with another corporation to overcome such difficulties.

From October 2019 to November 201, 2019, the Plaintiff transferred the status under the instant contract owned by F Company to F Company and the Defendant via C Company, a transfer agent for the Plaintiff’s business, and the Defendant transferred the status under the instant contract possessed by F Company to the Defendant.

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