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Reasons
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(영문) 의정부지방법원고양지원 2014.12.12 2014가단8687
손해배상 등
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1. The Plaintiff:

A. As from March 21, 2014, Defendant B: (a) gold 2,921,486; and (b) as from March 21, 2014:

B. Defendant C is gold 9,293.

Reasons

1. Determination as to the claim against the defendant B

A. On November 5, 2010, Nonparty D, the representative director of the Plaintiff, owns the trademark right to the trademark “A”. 2) The Plaintiff granted the right to operate a store using the Defendant B and “A” business mark, and entered into a franchise agreement for a fixed period of two years, and the said franchise agreement was terminated on October 31, 2013. b) The amount of outstanding amounts, such as royalties, to be paid by Defendant B to the Plaintiff under the said franchise agreement, is KRW 3,408,600.

3) The Plaintiff issued a discount of KRW 16,655,600 in total to Defendant B, among the royalties that Defendant B is obligated to pay to the Plaintiff, but issued a tax invoice at a discount of KRW 16,655,600.

B) However, Defendant B, without paying KRW 16,65,60,00 for the tax amount of KRW 16,65,60,00 for KRW 16,65,60 for the tax amount, filed a tax office with the Plaintiff for purchase and received the refund from the tax office equivalent to KRW 1,665,560 for the amount of value-added tax equivalent to 10% of the said amount. Defendant B is obligated to return to the Plaintiff the amount of KRW 1,514,145 for the amount of KRW 1,65,560 for the said amount. Accordingly, Defendant B is obligated to pay the Plaintiff the amount of KRW 4,921,486 for the outstanding amount of KRW 3,408,60 for the outstanding amount of KRW 3,514,145 for the refund of value-added tax, around September 20, 2014, the Plaintiff paid KRW 2,600 for delay damages to the Plaintiff.

(b) Grounds: Judgment deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. Fact-finding 1) Nonparty D, the representative director of the Plaintiff, owns the trademark right to the trademark “A”. 2) The Plaintiff between the Plaintiff and the Defendant C on October 12, 201, including the conclusion of a franchise agreement.

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