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1. A change from the trial to the claim and exchange of the main claim of the Plaintiff (Counterclaim Defendant) added at the trial.
Reasons
1. The reasons why the court should explain this part of the basic facts are as stated in the part concerning “1. Basic Facts” among the reasons for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On the three pages of the judgment of the first instance court, "Plaintiff (Counterclaim Defendant; hereinafter only referred to as the "Plaintiff")" is deemed to be "Plaintiff", and the seven others are "Defendant (Counterclaim Plaintiff; hereinafter referred to as the "Defendant")".
“Defendant” respectively. The following is added in front of “8. Cooperation Matters A” in the 7th 7th 7th h of the first instance judgment. In order to ensure the legitimate use of “A” under this Agreement, Party A’s obligations shall comply with the following:
7.1A shall secure, maintain and manage legitimate and legitimate rights, such as trademarks, trade names, etc. relating to Article 2 and this Agreement.
7.2A shall be liable for the nominal name holder, Article 24 of the Commercial Code.
Provided, That if the cause is attributable to B, A may make a separate claim for rights to B.
7.3 Within the contract area referred to in 2.2 of this Agreement, Party A shall be guaranteed the right to use the contract of Party B.
The phrase “Mak Trademark” in the 8th sentence of the first instance court is referred to as “a contracting trademark.” The 10th sentence of the first instance court’s 10th sentence of the 10th sentence of the 10th sentence of the 1st instance court is referred to as “A” and “A 20 through 22th sentence of the 11th sentence of the 11th instance court.” The phrase “A 20 through 22” in the 7th sentence of the 11th sentence of the 1st instance court is referred to as “A 20 through 22, A 26.” The phrase “this court” in the 11th sentence of the 11th judgment of the 1st instance court is referred to as “the first instance court”, and the phrase “the witness” in the 9th sentence
2. Judgment on the plaintiff's main claim
A. (1) The Defendant’s primary assertion as to the portion claiming the royalty for trademark use (A) shall pay the Plaintiff the royalty of KRW 440,000,000 (including value-added tax) until December 1, 2012 in accordance with the terms and conditions stipulated in Article 5 of the third contract of this case, and if the payment is in arrears, it shall be at the rate of 18% per annum.