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Reasons
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(영문) 서울고등법원 2017.08.31 2016나7502
약정금
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1. The defendant among the judgment of the first instance, ordered payment in excess of the amount ordered below.

Reasons

. Handbath (name of a product: C; hereinafter “instant machine”)

(C) Model: G and H Article 3 [Sales Area] Sales Area: All areas (domestic and overseas). Article 4 (Delivery Price and Sales Support)

1. Gap shall assist Eul with production materials and materials (website, carbsite, and technical materials) necessary for commercialization in order to create a market basis;

2. A shall not engage in any sale and shall be an institution for research on the improvement of product quality;

3. A shall provide support for materials necessary for the registration of procurement in order to promote the stable sale of B.

4.A shall cooperate with B in advance at the time of request for a product trade.

Article VConditions of Settlement

1. Proceeds from sale (research and development costs: royalties) shall be paid in cash to Gap;

The method is, after the last day of each month, in the way of mining royalty.

2. 20,00 won per unit shall be paid to A, and the period of payment shall be ten years, and the date of payment shall be the date following the end of each month; and

(e) 100 Won* 20,000 = 2,000,000

3. Eul shall pay to Gap 230,000 won per 400 parts per month on the last day of every month on the basis of the number of monthly sales units.

(e) Article 6 of the contract term of KRW 100 + 230,000 = 23,00,000 [the contract term] contract term shall be ten years from the date of conclusion of the contract, and the contract term shall be automatically extended as much as the contract term after the expiration of the contract term, unless there is any objection between A and B.

At the time of the instant contract, two copies of the contract were written, and all of the two copies of the contract are identical to the fact that the Defendant’s name and seal are affixed to the “A” column on the end of the contract. However, the contract held by the Plaintiff is limited to the Plaintiff’s signature and seal of “E” in the “B” column of the end of the contract, while the contract held by the Defendant is accompanied by the Plaintiff’s signature and seal of “B” column of “E” column of the end of the contract.

E. The plaintiff thereafter.

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