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(영문) 서울중앙지방법원 2020.09.17 2020가단5080154
손해배상채권 확인의 소
Text

1. The defendant shall pay 16,927,711 won to the plaintiff and 12% per annum from March 26, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. From September 6, 2012, the Plaintiff and the Defendant entered into a license agreement (hereinafter “the primary contract”) with the Plaintiff’s representative D’s registered trademark (E) to allow the Defendant to manufacture a new product with the said trademark in the form of an order manufacturing and sell it through home shopping, and a contract for partial revision and addition of contractual provisions (hereinafter “the second contract”) around September 2013, prior to the expiration of the contract term (hereinafter “the second contract”). From September 25, 2015, the contract term expires to five months from September 25, 2015 to February 28, 2016, and the remaining contract terms are identical to the above modified contract (hereinafter “third contract”). Among them, each contract related to this case is as follows.

Article 1 The purpose of this Agreement is to facilitate the smooth transactions between both parties by setting the conditions and methods for all matters in selling "E" trademarks owned by the Plaintiff in the Home shopping mall, "E" in the name of "goods" in this Agreement (hereinafter referred to as "goods") using the Defendant.

Article 2 (Effective Period of this Agreement) The effective period of this Agreement shall be three years from September 7, 2012 to September 6, 2015.

Article 3. The name of the trademark under the contract for the scope of trademark and business scope shall be "E", and the business under this contract shall be limited to "domestic home shopping".

Article 4 Type 1 Trade between the Plaintiff and the Defendant as stipulated in this Agreement refers to the Home shopping license that the Defendant has exclusive sales rights on the Home shopping of “goods” attached with the “E” trademark, and that the Home shopping license that pays the royalty agreed upon in Article 7 to the Plaintiff.

(2) In order to conduct the forms of transaction under paragraph (1), the defendant shall faithfully conduct the following affairs:

Home Shopping Store Sales and Business Management

(b) Home shopping registration work;

(c)management of goods principal documents and delivery of goods;

(d) commodity inventory management;

(e) Handling of and responding to customer counseling;

(f) Home shopping mall;

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