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(영문) 서울중앙지방법원 2020.01.31 2018가합500510

부정경쟁행위금지 등

Text

1. The Defendants are “D” or “E” in part of the heading or heading of a performance organized and hosted by the Defendants.

Reasons

1. Facts of recognition;

A. Defendant C created “D” on February 28, 1978 as an artist performing an object play, and created Defendant B (hereinafter “Defendant Corporation”) around March 1993, the members and the group members of the Defendant Corporation were transferred to the artistic supervision of the Defendant Corporation, and the group members of the right play pattern were transferred to the employees of the Defendant Corporation.

From that time, Defendant C served as a performance performer with employees of Defendant Corporation C, and served as a performance performer.

B. On March 8, 2001, Defendant C established a new corporation by investing F in F and G (Article 3) KRW 300 through KRW 500 million (Article 3); Defendant C exclusively uses the trademark rights of “D” (Article 9); G generally takes charge of the process to enable Defendant C to commercialize the existing projects for performance and various activities (Article 2(3)); Defendant C shall take charge of the overall arts supervision; Defendant C shall take charge of the general director; and G director to operate the new corporation (hereinafter “instant contract”).

The part relating to the instant contract relating to the instant case is as follows.

Article 2 (Language and Interpretation) The interpretation of the terms of this Agreement shall be as follows:

1) The scope of the name of Defendant C includes all the terms referring to Defendant C, including “E” and “H. 2) F may invest F’s services in preparing a business plan for the establishment of a new high-pollution corporation, directly or by attracting capital of F, and any investment resulting therefrom is deemed to have been invested by F.

3) G is responsible for the major commercialization and progress of the business of Defendant C with respect to the existing activities of Defendant C, and takes charge of the formulation and progress of other cultural projects. Article 3 (Total Investment Amount F is paid out of the amount of incorporated capital of not less than KRW 300,000 but less than KRW 500,000 at the time of establishment of a new corporation by F or F.