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1. The Defendant’s judgment on the purchase price of goods on June 16, 2016 rendered by the Seoul Central District Court Decision 2015Kahap25278.
Reasons
1. Basic facts
A. The Plaintiff of the parties, etc. is a company that aims at manufacturing, selling, and brand licensing business with the brand called “C”, and the Defendant is a company that mainly aims at manufacturing, selling, and selling clothes and miscellaneous articles.
D Co., Ltd. (hereinafter referred to as “D”) is a company established on August 22, 2012 for the purpose of C special advertising business, etc. that sells products, such as C organization specialty clothes, C Taekwondo organization uniforms, etc. (hereinafter referred to as “special advertising products”) attached to the Plaintiff’s registered trademark (C).
B. On February 19, 2013, the Plaintiff entered into a supply contract with the Defendant to determine the relationship between the rights and obligations of the Parties in the production and supply of the Defendant’s unique products upon the Plaintiff’s request for production (hereinafter “instant supply contract”).
A) The contract is concluded. Some of the terms used in this contract are as follows. The definitions of terms not defined in Article 2 (Definition of Terms) are as follows: The definitions of terms used in this contract are in accordance with general commercial practice. The trademark of the Plaintiff refers to all indications indicating the Plaintiff’s product, such as trade name, trademark, LABEL, ABE labelling, and TAG, which are attached to the product manufactured by the Plaintiff to the Defendant. The product refers to the product attached to the Plaintiff under this production and the Plaintiff’s trademark is supplied by the Defendant to the Plaintiff, and the product is extended to the scope of C organization’s clothes and C Taekwondo organization uniforms under this contract: Article 6-2 (i) in case of a subcontract, even if the Defendant subcontracted to a third party of this contract entrusted by the Plaintiff under the prior approval of the Plaintiff, the Defendant maintains its obligations under this contract and guarantees that the Plaintiff’s rights arising to the Defendant are equally maintained to the subcontractor.
If the subcontractor is located in any third country other than Korea, the defendant shall respectively be subject to this contract.