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1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 15, 2014 to September 24, 2015.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a company running the wholesale and retail business of sanitary products. 2) The Defendant, a company running a wholesale and retail business of household goods, etc., and the Defendant, a representative of the Defendant, filed a trademark application with the trademark called “C” (hereinafter “instant trademark”) as to 10 items, including liners for physiological, etc. on February 21, 201.
B. 1) The Plaintiff and the Defendant entered into the Business Agreement (hereinafter “instant product”) on March 28, 2012, namely, “C” (hereinafter “instant product”).
(i) the Agreement on Business Alliance with the content that mutual information is provided, business connection, brand marketing, promotion in the event of the issuance of new products, etc. for the formation of the market and the sale of products (hereinafter referred to as the “Agreement”).
2) The instant Convention provides for the following matters with respect to the Defendant’s duties.
(1) Article 2(2) of the Convention provides that the Plaintiff shall provide that the Plaintiff shall use brand name “C” (hereinafter “C”) to carry out online sales and promotional activities.
(1) The Plaintiff and the Defendant shall support the fostering of brands through mutual cooperation in each of the business content described in paragraphs (2) and (3).