K&P Law Firm successfully represented South Korean Company A in a trademark license contract dispute against Chinese Company B, securing a favorable judgment. Company A holds the trademark rights for “Trademark X,” while Company B is a Chinese company that entered into a five-year license agreement with Company A in February 2022. Under the contract, Company B was authorized to manufacture clothing using “Trademark X” and sell exclusively through a specific Chinese online shopping platform called “Poizon.” Company B was required to pay royalties as a percentage of total sales, with a guaranteed minimum annual amount.

However, Company B failed to pay some of the royalties due in 2023 and violated the contract by selling products on other platforms including Taobao and JD.com, which were prohibited under the agreement. When Company A demanded cessation of sales on other platforms, Company B failed to take any action even after 10 days had passed. Furthermore, Company B unilaterally notified contract termination without justifiable cause. Article 5 of the contract contained a penalty clause requiring payment of five times the minimum guaranteed royalty for such violations. When Company A filed a lawsuit claiming unpaid royalties and penalty fees, the Seoul Central District Court ruled in favor of Company A. This case encompasses various legal issues including the importance of trademark license contract drafting, governing law and jurisdiction, and foreign service problems.

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Bribery charges represent one of the most devastating accusations a public official can face, extending far beyond legal penalties to inflict irreversible damage on political credibility and social reputation. Particularly when a member of South Korea’s National Assembly is accused of receiving money or valuables from business persons, it becomes an extremely sensitive matter directly connected not only to their political career but also to their personal honor and integrity.

In such critical cases, what matters most is presenting clear legal criteria for distinguishing between sponsorship funds and bribery, while accurately grasping the essence of the matter. K&P Law Firm, through strategic joint representation with Pyeongsan Law Firm, recently achieved a complete acquittal in a high-profile case involving National Assembly member A, who faced charges of bribery and third-party bribery.

In this case, we comprehensively demonstrated the legality and transparency of sponsorship contracts, the existence of counter-consideration, and procedural compliance, thereby clearly exposing the flaws in the prosecution’s arguments. This achievement went beyond mere legal advocacy to establish meaningful precedential standards for distinguishing between sponsorship funds and bribery crimes in South Korea’s legal system.

This landmark case showcases K&P Law Firm’s exceptional criminal defense capabilities and specialized expertise in handling complex and sensitive political finance-related criminal cases in South Korea.

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K&P Law Firm has successfully represented Company X in an injunction case concerning the suspension of effectiveness of new stock issuance.

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