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Reasons
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(영문) 서울북부지방법원 2016.05.19 2015가합988
상표권계약보증금
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1. The Defendant’s KRW 210,283,510 as well as the Plaintiff’s KRW 20% per annum from January 29, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On February 8, 2013, the Plaintiff entered into a license agreement with the Defendant to use the trademark right “C” (hereinafter “first contract”) and paid KRW 100 million on the date of the contract. The main contents of the first contract are as follows.

Article 1. “A” (referring to the Defendant) permits the use of the trademark “C” trademark to the following extent:

1. Scope of use. 1) Category 24 (Tex, tet, beer, gaber) for a wooden household;

2. Area used: The Republic of Korea;

4. Period 1): Date of conclusion of a contract; two years from the date of conclusion of a contract.

6. Scope of distribution: It shall be limited to online sales channels (TV Home shopping, Internet, smartphones, mail order, etc.) and C stores;

Article 2 Exclusive Non-exclusive License

3. The right to use this case’s designated goods is granted only to “B”.

Article 4 (Payment and Settlement of Deposits)

1. “B” shall pay the daily amount of KRW 100,000 (Won 100,000,000) as security deposit under this Agreement on the day of the contract with the account or check designated by “A”.

2. Upon termination of a contract, A shall return within 10 days to the designated account by “B”.

B. In addition, since long time after the conclusion of the first contract, there was a dispute between D (hereinafter “D”) that entered into a separate contract with the Defendant, and as a result, both the Plaintiff and D were unable to sell products using the trademark “C” through home shopping broadcasts.

C. As above, when the Plaintiff was unable to use the “C” trademark under the “C” contract for home shopping broadcasts, the Plaintiff and the Defendant concluded a contract to use the trademark “E” on May 2, 2013 instead of the “C” (hereinafter “second contract”) again. The content of the second contract is almost the same as that of the first contract except for the name of the trademark.

Provided, That the scope of trademark use is all products, and the area of use is inside and outside the Republic of Korea.

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