1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On June 19, 2013, the Defendant entered into a trademark use contract (hereinafter “instant contract”) with the Defendant to pay KRW 10,000,000 for the use of the Defendant’s “D” trademark right (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 1 (Permission for Use of Trademark Rights) "A (Defendant, hereinafter the same shall apply)" shall allow the following "B (C; hereinafter the same shall apply)" to use the trademark right:

1. Trademark registration number: Registration E;

2. Terms and conditions of use: Article 3 (Payment of Fees) of the "D".

1.B “B” shall pay the royalties (10,000,000) calculated pursuant to paragraph 2 to a bank designated by “A” within three days from the date of conclusion of this Agreement, and shall not use this trademark right before the payment of the royalties.

2.The method of calculating user fees for the trademark "B" shall be subject to the agreement between A and B, shall be paid in lump sum at the time of the contract, and the user fees shall be extinguished after the period of use expires.

Provided, That the period of use may be extended when the business is extended at the present place of business.

B. On June 19, 2013, the Plaintiff, who was in a joint business relationship with the above C, paid KRW 12,000,000 to the Defendant, and operated G branch offices (hereinafter “instant restaurant”) using the Defendant’s trademark right in the Seo-gu, Seoan-gu, Seocheon-si.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including the number of each branch), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was to pay KRW 12,00,000 to the Defendant on the condition that the Defendant returns the deposit to the Plaintiff when the Plaintiff only runs the restaurant business of this case where the Defendant used the Defendant’s trademark right. Since the Plaintiff only runs the restaurant business of this case, the Plaintiff did not use the Defendant’s trademark right, the Defendant shall refund the said trademark right deposit amount of KRW 12,00,000 and the delay damages therefrom to the Plaintiff.