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(영문) 서울중앙지방법원 2016.11.11 2015가합13640

서비스표권 침해금지

Text

1. The Defendant shall display each mark indicated in the attached list, which indicates the art institute management business and the art guidance business.

Reasons

1. Basic facts

A. The Plaintiff is a registered service mark holder of the following registered service mark (hereinafter “instant registered service mark”).

1) Registration number: D2) the filing date of the application / the registration date: E/F3) designated service business: Category 41 - includes art private teaching institute management business, art guidance business (the machine type of business is omitted);

4) Marks:

B. On December 11, 2012, the Plaintiff: (a) concluded an investment agreement with H to the effect that H will invest KRW 1 billion in the G Art Research Institute using the instant registered service mark; (b) entered into a joint agreement with the Plaintiff on January 21, 2013 (hereinafter “instant agreement”); (c) entered into a share acquisition agreement and joint business agreement (hereinafter “instant agreement”); and (d) entered into a written agreement with the following contents (hereinafter “instant agreement”); and (e) the part related to the instant case is as follows.

On the basis of the investment agreement concluded on December 11, 2012, the Plaintiff and H conclude a detailed contract for the transfer, acquisition, and joint business of shares as follows:

Article 1 (Purpose of the Contract) This Agreement transfers 50% of the total shares of G Art Institute operated by the Plaintiff to H, and then sets forth detailed matters for the joint operation of the Plaintiff and H with respect to the Institute of Arts.

Article 2 (ContentsA) - H pays KRW 1 billion to the Plaintiff and takes over 50% of the Plaintiff’s shares of G Art Institute.

- After entering into a contract for acquisition of shares of G Art Institutes, the Institute of Art will operate as a joint business.

Article 3 (Contents of Payment for Share Acquisition) - H shall pay KRW 500 million to the Plaintiff by January 21, 2013.

- The balance of KRW 500 million shall be paid in accordance with the terms of allocation of earnings under Article 8 of this Agreement with H’s profits accrued after the commencement of the joint project.

Article 4 (Contents of Joint Business Operation) - The date of commencement of the business shall be March 1, 2013 and shall be until February 20, 2013.

- The scope of the project is all tangible and intangible projects through the G Art Research Institute.