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(영문) 서울중앙지방법원 2015.08.13 2014가합39997

손해배상등

Text

1. The Defendant’s KRW 30,000,000 and the annual rate of KRW 5% from June 1, 2014 to August 13, 2015 to the Plaintiff, and the following.

Reasons

1. Facts of premise;

A. The Plaintiff, as a company whose main purpose is hospital and council members’ management consulting and support service business, completed the registration of establishment of the service mark right (hereinafter “instant service mark right”) as indicated in the attached Form (1) on April 1, 2008, and the mark “instant service mark” (hereinafter “instant service mark”).

B. On April 20, 2010, the Plaintiff entered into a management consulting and trademark licensing agreement (hereinafter “instant agreement”) with the Defendant, who operated “B Habawon C” as indicated in the attached Table (2).

C. The instant contract terminated on September 25, 2013 at the latest.

(A) As to the period of termination, there is a dispute between the original Defendant and the Defendant on April 20, 2013. The Plaintiff asserts that the Defendant was on September 25, 2013. However, as to the fact that no longer the contract remains effective since September 26, 2013, there is no dispute between the parties. As seen later, the period during which the Plaintiff seeks damages after October 2013, this issue does not seem to be relevant to the determination of the claim in this case. Since the contract in this case was terminated, the Plaintiff did not supply the Defendant with management support, marketing support, technical support, goods supply, etc. as stipulated in the contract in this case.

Since the conclusion of the instant contract, the Defendant continued to use the instant service mark on June 1, 2014, and ceased to use the instant service mark by changing the trade name of a member of Korea, which he/she operated, to “D Han-won.”

[Based on recognition] The descriptions of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the premise of the occurrence of liability for damages, the Defendant uses the service mark of this case without a justifiable title during the period from October to May 2014, 2013, for which the Plaintiff seeks damages after the termination of the instant contract.