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1. Defendant B Co., Ltd.: (a) KRW 96,127,825 on the Plaintiff and 20% per annum from April 21, 2015 to September 30, 2015 on the Plaintiff.
Reasons
1. Basic facts
A. From April 2, 2010 to December 22, 2014, the Plaintiff supplied leather products to the Defendant Company B (hereinafter “Defendant Company”). The Defendant Company paid the price for the goods on the 25th of the following month following the date of supplying the goods. The Defendant Company did not pay KRW 96,127,825 out of the price for the goods.
B. The Defendant Company’s act of disposing of the trademark rights of the Defendant Company is the obligee of the trademark rights indicated in the attached list (hereinafter “instant trademark rights”). On October 14, 2014, the Defendant Company registered the transfer of all rights arising from the instant trademark rights to the KIPO receipt number D with respect to the instant trademark rights.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. The Defendant Company is obligated to pay to the Plaintiff the amount of KRW 96,127,825 of the price of the goods and the amount of compensation for delay calculated at the rate of 15% per annum under Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, Article 2(2) of the Addenda of the Special Cases Concerning Special Cases (amended by Presidential Decree No. 26553, Sep. 25, 2015), Article 3(1) of the former Special Cases Concerning Special Cases (amended by Presidential Decree No. 26553, Sep. 25, 2015), and Article 3(1) of the same Act and the Special Cases concerning Special Cases from the following day to the date of full payment as agreed upon by the Plaintiff.
[Provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases”) that reduces the statutory interest rate from 20% per annum to 15% per annum;
Since Presidential Decree No. 26553, Sept. 25, 2015 (Presidential Decree No. 26553) was promulgated on September 25, 2015 and came into force on October 1, 2015, damages for delay from October 1, 2015 to the date of full payment shall be recognized only within 15% per annum.
(a) a claim for conservation;