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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Basic facts
A. The Plaintiff: (a) concluded a trademark use agreement with HFP (Hachte Ftilipacid) company, which is a trademark right holder of France’s “E” (hereinafter “ELD”) with a company aimed at clothing manufacturing and wholesale business; (b) produced and sold goods for childcare through an agency, etc., with the right to use a trademark within the Republic of Korea; and (c) the Defendants are married couple.
B. On April 1, 2010, the Plaintiff entered into a trade agreement with Defendant A and ELD, supplied goods produced by the Plaintiff to Defendant A, etc., and entered into a trade agreement with Defendant A again with Defendant A on June 15, 2012 (hereinafter “instant trade agreement”), and Defendant A paid KRW 50,000,000 to the Plaintiff according to the instant trade agreement.
The Plaintiff (hereinafter referred to as “A”) and the Defendant A (hereinafter referred to as “B”) wishing to establish the ELD A”) agree to implement the following provisions in good faith and to enter into this Agreement:
Article 3 (Transaction Deposit)
1. At the time of this contract, Eul shall deposit 50,000,000 won as transaction deposit in order to secure the credit payment obligation arising from the transaction with Gap, the damage liability, the support obligation of Gap at the time of cancellation, and other contractual obligations.
2.The entry into force of this Agreement shall accrue from the time Eul paid the transaction deposit to Gap.
Article 5 (Supply and Return of Goods)
1.B shall, in principle, receive all goods supplied by A.
4. B shall not later return to A any goods delivered, unless there is a cause attributable to A, but may request repair for any goods requiring repairs.
The total repair cost (the actual cost paid by A) shall be borne by B.
Article 6 (Price of Goods) B shall approve the price of goods purchased from A on the 15th and 30th of each month, and shall be monthly.