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(영문) 서울중앙지방법원 2019.05.15 2016가단5047273
물품대금
Text

1. The Defendant’s annual interest in KRW 107,260,000 to the Intervenor succeeding to the Plaintiff, as well as in relation thereto, from January 21, 2015 to May 15, 2019.

Reasons

Basic Facts

The Plaintiff’s establishment registration was completed on April 14, 2009 for the purpose of manufacturing and selling medical devices, providing management consultation, franchise business, etc., and is a F Group’s business support company operating more than 30 to 40 E dental clinic stores nationwide. The Intervenor succeeding to the Plaintiff is a collection obligee upon whom the Plaintiff’s claim attachment and collection order was issued regarding the Plaintiff’s claim against the Defendant. The Defendant is a dentist who operates the H dental clinic (hereinafter “instant dental clinic”). The Defendant is a dentist who operates the H clinic (hereinafter “instant dental clinic”).

On June 1, 2012, the Plaintiff entered into a contract with the Defendant for the use of the Plaintiff’s dental trademark and for the provision of services, such as the operation, publicity, advertisement, etc. of the Plaintiff’s dental clinic while operating the instant dental clinic. In return, the Defendant entered into a contract for the use of the trademark, etc. and for the provision of services (hereinafter “instant contract”) with the content that monthly trademark usage fees and consulting fees (hereinafter “trademark usage fees and service fees”) shall be paid by the tenth day of the following month. The main contents of the instant contract are as stated in attached Form 1.

On October 20, 2015, as Seoul Central District Court 2015TTB2688, I, the Plaintiff’s creditor, issued a collection order against KRW 10,000,00 among the Plaintiff’s trademark use and service charges against the Defendant. The above collection order was served on the Defendant on October 23, 2015, and the Plaintiff’s succeeding intervenor B received a collection order against the Defendant under the Seoul Central District Court 2017TTTB 2017TB 51246, which issued a collection order against the Defendant on March 6, 2017. The Plaintiff’s succeeding intervenor received a collection order against the Defendant on March 8, 2017, under the Seoul Central District Court 2017TT 200,000,000 among the Plaintiff’s trademark use and service charges, and the Plaintiff’s succeeding intervenor received a collection order against the Defendant on March 8, 2017, under the Seoul Central District Court 2018.

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