logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.14 2020가단513565
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Judgment on the claim for payment of royalties

A. On March 29, 2006, the Defendant asserted by the Plaintiff’s efforts, and accepted a more Soviet drawings from “E”, a Japanese company operating the business of manufacturing wood machinery, etc. At that time, E used the core parts (F and G) of the said company in the production of the Defendant’s more soviet series, and presented a condition that the Defendant pays royalties to the Plaintiff until the Defendant domestically produced the soviet group or did not use the core parts.

However, even though the Defendant purchased core parts from E from December 1, 2014 to September 22, 2016, produced more than five Bans, and sold more than 664,30,000 won in total, the Defendant did not pay to the Plaintiff the amount of KRW 19,929,000 corresponding royalty (=664,300,000 x 3%) to the Plaintiff.

Therefore, the defendant is obligated to pay the above KRW 19,929,00 to the plaintiff and the delayed damages.

B. The evidence submitted by the Plaintiff, such as the evidence evidence Nos. 4-1, 2, 14, and 15, is insufficient to acknowledge that an agreement for payment of royalties was concluded between the Plaintiff, Defendant, and E, as alleged by the Plaintiff. The Plaintiff’s above assertion is without merit, since there is no other evidence to acknowledge it.

2. Determination on the claim for the payment of brokerage commission

A. From around 2007, where the Defendant sells parts or machinery to the Plaintiff’s brokerage, the Defendant paid 3-10% brokerage commission to the Plaintiff.

However, the Defendant, as a broker of the Plaintiff on October 17, 2017, sold to H (H; hereinafter “H”) one unit, three unit, three unit, and one unit, etc. in the instant group, but did not pay to the Plaintiff an intermediary fee of KRW 9,00,000 for one unit (i.e., one unit in the instant group) in the instant group: (i) the sales price of each group of group 90,000,000 x 10% of the brokerage commission rate x 10%).

Therefore, the defendant.

arrow