1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The plaintiff is a company whose main purpose is to manufacture and sell clothes and miscellaneous articles.

The Defendant changed the trade name on March 31, 2015 from “EXE Korea Co., Ltd.” to the present trade name, as a company aimed at manufacturing, importing, and selling new shoes, clothing, and supplies.

B. The Plaintiff has been engaged in the transaction of manufacturing and supplying clothing products, etc. ordered by the Defendant.

On February 19, 2013, the Plaintiff entered into a supply transaction agreement with the Defendant with the content that the Plaintiff produces and supplies the products, such as the ES-specific board clothes with the Defendant’s trademark attached, the ES-EX Taekwondo organization clothes, etc.

(hereinafter “instant supply contract”). The term of the instant supply contract is one year from the date of conclusion of the contract, but it was automatically extended for one year unless either of the notice of termination is given at least one month prior to the expiration of the contract.

C. The Defendant supplied the eXR’s unique advertising clothes and EXR Taekwondo organization uniforms (hereinafter “special advertising goods”) to the hin language with the hin language Korea Co., Ltd. (hereinafter “Sein language”), and the hin language traded the hin’s unique advertising goods.

On February 19, 2013, in order to determine the relationship between the rights and obligations of the Parties in the transaction of the special goods, the Defendant and Sejong entered into a contract for the special goods with the term of the contract as of December 31, 2013. On January 1, 2014, the contract for the special goods with the term of the contract as of December 31, 2014 (hereinafter “instant contract”).

In the meantime, the Plaintiff, the Defendant, and the Gain traded the special goods by the end of 2014, ① the special goods have been produced by the Plaintiff and supplied directly to the Gain without going through the Defendant, and ② the price of the goods has been transferred to the Plaintiff part of the claim for the price of the goods against the Gain and received directly from the Gain by the Plaintiff.