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(영문) 서울중앙지방법원 2015.06.10 2014가합590638
손해배상(기)
Text

1. The Defendant’s KRW 5,500,000 as well as annual 6% from January 1, 2015 to June 10, 2015 to the Plaintiff.

Reasons

The summary of the instant case is: ① return of advance payment following the cancellation of the supply contract between the original Defendant, ② compensation equivalent to the resale profits arising from the cancellation of the contract with the Rophcmarket Co., Ltd. (hereinafter “Rophcmarket”) that the Plaintiff agreed to purchase the said pool from the Plaintiff, and ③ compensation for damages equivalent to the agreed amount paid by the Plaintiff as compensation for damages to the Rophck.

In fact, on September 4, 2013, the Plaintiff entered into a contract to supply 48,400 won per unit price, which is to be used for the 2013 estimate of the 2013 estimation of the Korea Twitk Co., Ltd. (hereinafter “Korea Twitk”).

On September 6, 2013, the Plaintiff entered into a contract with the Defendant, a personal entrepreneur, engaging in wholesale and retail business, such as consumer goods and promotional goods, to supply 4,00 won per unit of 44,00 won, under the trade name of “B” under the above contract.

On September 11, 2013, the Plaintiff supplied advance payment of KRW 63 million to the Defendant. On October 4, 2013 and October 5, 2013, the Plaintiff received 803 punishment from the Defendant and sent it to the customers of the Republic of Korea.

The above dominer was convicted of violating the Trademark Act on October 15, 2014 and became final and conclusive around that time by being sentenced to the conviction of violation of the Trademark Act in the case where the trademark “BLACK YAK” was arbitrarily attached, and C et al. manufactured the above spread.

(Seoul Central District Court Decision 2014dan5180). On October 17, 2013, the Defendant returned to the Plaintiff KRW 7.5 million out of the advance payment.

On the other hand, on December 9, 2013, the Plaintiff agreed to compensate for damages for the supply of personal goods and 80 million won, and paid the said amount.

[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 7 (including branch numbers, if any) and all pleadings.

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