상표권침해금지 등
1. Of the portion of the judgment of the court of first instance, the part of the Defendants’ failure, which exceeds the following payment order.
1. The plaintiff is a trademark right of the trademark right as stated in the above paragraph (b) below, and the court of first instance held the defendant B (hereinafter "the defendant company").
Defendant C, the representative director of the Plaintiff, committed an act of unfair competition and infringing the Plaintiff’s trademark rights in collaboration with R, etc., the Defendants asserted that the Defendants’ act constituted ① infringement of each of the above trademark rights, ② unfair competition act under Article 2 subparag. 1(a) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), ③ unfair competition act under Article 2 subparag. 1(f) of the Unfair Competition Prevention Act, ④ tort under Article 750 of the Civil Act, and ④ tort under Article 750 of the Civil Act. < Amended by Act No. 1, 1, 2, 3 as the primary and selective cause of claim, ④ as the primary and selective cause of claim, the claim under item (a) and (b) as the purport of claim under Article 2 subparag. 1(f) of the Unfair Competition Prevention Act.
On the other hand, the first instance court, among the primary and selective claims, cited only a part of (a) gold claims and disposal claims, and a part of (b) claims for damages (70 million won and a delay damages) in accordance with the cause of the claims.
As to this, the Defendants appealed against the cited amount in the above sub-paragraph (b) above, the scope of the judgment of this court is limited to the damages claim part cited in the first instance court, including ①, ②, ④ both the cause of the claim and the cause of the claim.
2. Basic facts
A. 1) The Plaintiff is a corporation established pursuant to the Act on the Promotion of Industrial Education and Industry-Academic Cooperation. The Plaintiff is delegated with the management of the trademark of A and A, and is performing all duties, such as the name, route, and other marks indicating the internal organization of A and A University, pursuant to the provisions on the management of the trademark of A and A University.
2) The Defendant Company whose representative director is the Defendant Company’s representative director shall make raw materials necessary for biotechnology, etc.