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(영문) 서울고등법원 2016.02.04 2015나2051867

부정경쟁행위금지 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasons why the court should explain this case are the same as the reasons stated in the judgment of the court of first instance, except in the following cases, and thus, this case shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

The first instance court’s five pages 11 to 12 stated “The final appeal is currently pending in the final appeal,” which read “The final appeal was lodged against this, but was dismissed (Supreme Court Decision 2015Do8941 Decided August 27, 2015).”

At the bottom of 10 pages of the judgment of the first instance court, two "marks listed in attached Form 1" shall be deleted.

At the bottom of the 13th judgment of the first instance court, the "date of the pronouncement of this judgment" shall be "date of the pronouncement of the first instance judgment".

The following shall be added to 14 pages of the decision of the first instance:

“(The damage compensation for infringement of trademark rights claimed selectively does not exceed the above amount, and the plaintiff’s assertion about it is reasonable to the extent of the above recognition).”

2. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed as they are without merit.