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(영문) 서울동부지방법원 2015.12.22 2014가합6327
약정금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 55,562,500, to the Defendant (Counterclaim Plaintiff).

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence 1 to 4, 6, 7, Gap evidence 39-1 to 38, Eul evidence 1 to Eul evidence 1, Eul's testimony, Eul's witness evidence, witness D's partial testimony (except for the part not trusted in the front and rear) and the whole arguments.

The plaintiff is an incorporated association that conducts activities such as hosting and supervising the national club every year for the purpose of the sound development and revitalization of sports for all, and uses the abbreviation "E" as an incorporated association.

In addition, the defendant is a stock company that sells the test products of the trademark "F".

B. Among the national entice competitions held at least 50 times a year, the competitions and organizers that the Plaintiff is responsible for the promotion and management of the competitions are separate, and the Plaintiff is responsible for the management of the competitions. In the case of the competitions hosted and supervised by the Plaintiff, the Plaintiff is not only in charge of the duties for the progress of the competitions, but also planned the competitions directly, bears the burden of expenses, and in the case of the competitions supervised by the Plaintiff, a separate organizer is responsible for the planning of the competitions and the burden of expenses therefor, and the Plaintiff is responsible for the affairs for the progress of the competitions.

C. On January 1, 2011, the Plaintiff entered into a contract with Ireland (hereinafter “G Group Games”) with the content that, for two years from January 1, 2011 to December 31, 2012, thisland became the “Megphone” of the National Drgysium organized by the Plaintiff, and provided the Plaintiff with cash and coo, goods worth KRW 200,000 in total for one year of 200,000,000 for a year from January 2011, and instead, the Plaintiff entered into a contract with the Plaintiff on the Internet homepage to publicize the products of this Ireland, including the Plaintiff’s publication of the dysium and the publication of the product presentation.

In addition, on April 1, 201, the Plaintiff between the new company and the new company on April 1, 2011.

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