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1. The Defendant’s KRW 144,957,758 and its weight to the Plaintiff:
A. From February 23, 2016 to the date of complete payment with respect to KRW 30,000,000.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a contract with the U.S. designer A and the home shopping center in Korea to create a brand “B” for various clothing sold in the Republic of Korea (hereinafter “instant license agreement”). The Plaintiff was granted the exclusive license of the said trademark in Korea through the license agreement in the instant case.
B. On August 7, 2014, the Plaintiff entered into a project agreement with the Defendant on the content that the Defendant would develop the clothing goods as B brand, sell them through GS home shopping, and pay the Plaintiff the amount equivalent to 2% of the sales amount to the brand royalties (hereinafter “instant project agreement”).
C. At this time, the Defendant paid a minimum amount of KRW 100 million to the Plaintiff in advance, and if accumulated royalties in the future exceed KRW 100 million, the Defendant calculated and paid royalties each month from that time to that time.
However, on December 10, 2015, upon the occurrence of a dispute between the Plaintiff and A, the Plaintiff notified the Plaintiff of its intent to terminate the instant license agreement by e-mail.
On the other hand, on December 24, 2015, the Defendant sent to the Plaintiff an e-mail stating that “The instant project contract is terminated because it was notified by A that the instant license contract was terminated.”
E. From February 1, 2015 to December 24, 2015, the net sales of B products supplied by the Defendant to GS Home Shopping Co., Ltd. are KRW 12,269,127,910 in total.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including each number), fact-finding results of GS Home Shopping Co., Ltd., and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is entitled to deduction from the royalty exceeding the royalties paid in advance to the plaintiff under the license agreement of this case from 145,382,58 won [=(12,269,127,910 won x 2%) - 100,000,000 won, and mushrooms below Won]. The defendant is entitled to deduction from the royalty exceeding the royalties paid in advance under the license agreement of this case.