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(영문) 서울중앙지방법원 2016.08.10 2015가단121407
대금(로열티) 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 5,550,051 and the interest rate of KRW 15% per annum from July 22, 2015 to the day of complete payment.

Reasons

1. Facts without dispute;

A. On August 8, 2013, the Plaintiff entered into an agreement on the conclusion of a trademark use agreement and the payment and settlement of royalties with the Defendant and the Defendant for the use of the trademark “OTR PDR PDR” (hereinafter “instant trademark”) for designated goods, such as new shoes, in the Republic of Korea from October 1, 2013 to December 31, 2014.

(hereinafter “instant contract”). The main contents of the instant contract concerning the payment and settlement of royalties (trademark royalties) are as follows.

(1) Minimum Guante - 6,250,000 won shall be paid on October 10, 2013.

- With a total of KRW 80,000,000 (Additional Tax Map) in each quarter of 2014,000,000 (Additional Tax Table) on the tenth day of each quarter (1, 4, 7, 100), shall be paid in 20,000;

(2) Supplier: Sales volume of the designated goods 】 supply price 】 (Additional tax 4) 】 If the royalties to be paid by calculating the royalties from January to June of each year and from July to December of each year exceeds Minum Ginum Ginume, the excess amount shall be settled by January and July of each year, and the final settlement of the royalties by the unit of year shall be completed (one year and April of each year) within 20 days from the end of each fiscal year.

(5) If the royalty amount calculated in accordance with paragraph (3) above does not reach the Minimum Gante, the defendant guarantees that the company pay the amount described in paragraph (1) above to the company.

B. The instant contract was terminated on December 31, 2014, without extension of the contract term and the instant contract on the disposal of inventory goods. At this time, the Defendant was holding inventory quantity of 29,459 designated goods. Considering that it was sold and calculated according to the method of calculating royalties as seen earlier, the royalty to be paid by the Defendant shall be calculated as KRW 55,550,051.

On the other hand, the contract of this case provides for the reorganization of inventory goods.

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