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Reasons
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(영문) 서울중앙지방법원 2016.12.09 2016가합526082
물품대금
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1. The Defendant’s KRW 985,082,966 for the Plaintiff and KRW 6% per annum from October 15, 2016 to December 9, 2016.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a trademark of “C” (hereinafter referred to as “instant trademark”) between the Defendant on September 14, 2015, and the Plaintiff from September 14, 2015 to September 14, 2016, for the purpose of engaging in the business of manufacturing and selling household products (i) the Plaintiff is a trademark of “C” (hereinafter referred to as “instant trademark”).

(A) the trademark use agreement under which the Defendant would be granted the right to use the trademark for the manufacture and sale of bags and paintings using it (hereinafter referred to as the “instant trademark use agreement”).

(2) In line with the period of home shopping broadcasting from the Defendant, the instant trademark is identical to the images of the attached pictures using the trademark (hereinafter “instant provisional bags”).

(2) The Defendant is provided with the product manufacturing cost of KRW 360 million and the Defendant shall be paid KRW 30 million, whichever is 30% of which shall be paid on the date of concluding the contract, and the remainder shall be paid at least seven days prior to the Home Shopping Broadcasting (hereinafter “instant manufacturing and supply contract”), and each of the above contracts shall be “each of the instant contracts”.

The purpose of each of the instant agreements is to provide for the rights and obligations between the parties when the Defendant grants the Plaintiff the right of manufacture and sale of the bank among the Defendant’s trademark rights, and the Defendant is to receive fees from the Plaintiff for the use of the Defendant’s trademark. Article 2 (Definitions)

5. The term “MG” means that the Plaintiff pays in advance a certain amount of the commission that the Defendant pays to the Defendant instead of the Defendant’s use of the trademark, and the Defendant has no obligation to return the amount received.

6. The term “fee” means the price paid by the Plaintiff to the Defendant for the use of the trademark, instead of manufacturing and selling goods using the Defendant’s trademark.

Article 3 (Scope of Right to Use)

1. Period of use: This Agreement shall be effective for a period of one year from the date of the contract.

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