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(영문) 서울중앙지방법원 2019.07.23 2017가단5179986
상표권 사용 약정수수료 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that designs, manufactures, and sells furniture, and the Defendant is a company that manufactures, distributes, etc. furniture.

B. On May 20, 2014, the Plaintiff entered into a trademark license agreement (hereinafter referred to as “instant agreement”) with the Defendant to provide that “A” and the goods produced using the Plaintiff’s trademark are sold through home shopping and online shopping and online shopping, the right to use the said trademark is granted to the Defendant. In response, the Defendant’s sales of the said goods through home shopping broadcasts shall be 5% of the sales price (excluding value-added tax) and the trademark use fee of 9% of the sales price (excluding value-added tax) shall be paid to the Plaintiff for sales sold through online shopping, and the contract term shall be 1 year from the date of conclusion of the contract and shall be 1 month from the date of termination of the contract if the Defendant did not give written notice of its intention to terminate the contract one month prior to the expiration of the contract.

C. The instant contract was automatically extended and terminated on May 20, 2017.

As of December 23, 2016, the Plaintiff notified the Defendant of the termination of the instant contract as of January 31, 2017, and notified the Defendant of the legal liability arising from the use of the Plaintiff’s trademark right after the termination, and notified the Defendant of the legal liability arising from the use of the Plaintiff’s trademark right from December 26, 2016 to January 31, 2017. The Plaintiff sent a written notification to the effect that the trademark right fee is five percent under the contract.

The Plaintiff and the Defendant: “The Plaintiff and the Defendant, from the “Notice of 5% Imposition of Fees” on the notice of December 23, 2016 to the first day of May 2017, each other” under the agreement fee on the sales of home shopping broadcasts under the instant contract.

The content-certified mail has been given to 3% or 5% of the total sales.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and 3 (including paper numbers), the whole pleadings.

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