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(영문) 서울중앙지방법원 2017.07.07 2016가합11979
추가대금
Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 300,000,000, and KRW 100,000 to Plaintiff (Counterclaim Defendant) B, respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Plaintiff A’s representative director of Nonparty D (hereinafter “Nonindicted Company”) for the purpose of interior building construction business, i.e., party chain store operation business, etc., and Plaintiff B is the couple as the internal director of the said company. The Defendant is a company engaging in coffee manufacturing and sales business, restaurant business, etc.

B. The Plaintiffs: (a) made a trademark of Lestop (hereinafter “instant trademark”); (b) applied for registration under the name of the non-party company; and (c) opened and operated the “H point” in Gangnam-gu Seoul Metropolitan Government from September 2010.

In the meantime, the Plaintiffs received a proposal for the transfer of the instant trademark, etc. from the Defendant at the time when Plaintiff A was in charge of design adviser, and accordingly, the Nonparty Company concluded a brand underwriting contract with the Defendant on November 7, 201, with the content that the instant trademark, etc. is transferred to the Defendant at KRW 100 million.

C. At the same time, the Defendant accepted the instant trademark, etc., and at the same time requested the Plaintiff A to provide brand planning and design consulting related to the instant trademark, and the Plaintiff B to transfer the cooking law with respect to the persons, etc. sold at the said H stores. Accordingly, on November 7, 2011, the Plaintiffs entered into a contract with the Defendant for F brand planning and design consulting (hereinafter “instant consulting contract”) and F Party Epis Epis (hereinafter “this case’s cooking law transfer agreement”) with each of the above contracts, and the terms of each of the above contracts are as follows.

- The consulting contract of this case -

1. Contract party brand consulting service provider: The beneficiary of Plaintiff A brand consulting service: The Defendant;

2. Planning and design consulting related to the purpose of the contract, F brand;

3. 1 Detailed specifications 1) Proposal for brand development 2) Provision of a Mob Mob Mob 3 related design.

4. Total amount of terms of payment under a contract: 300 million won: on November 15, 201, the balance 290 million won /3.3%.

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