손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is engaged in the trade business of clothing, etc., and Defendant Copia Copi Ltd. (hereinafter “Defendant Copia”) is a company with the domestic exclusive license for part of the Austria trademark, the registration authority of which is the AustriaH (hereinafter “Hd headquarters”).
B. On April 2012, the Plaintiff entered into a contract with B companies located in Germany to purchase the Hague 50,000 points (hereinafter “the instant clothing”) and subsequently, entered into the import process of the instant clothing under the name of D (hereinafter “D”) via C companies located in Spain.
C. Of the instant clothing, the Plaintiff attempted to bring 21,500 points out of the instant clothing (27,020 points, hereinafter “the primary clothing”) into the Republic of Korea through the Busan Customs Office, but the primary clothing was designated as a controlled freight and was brought into the Busan New Port CFS (State Free Trade Zone) on May 23, 2012.
Of the instant clothing, the remainder of 28,500 points (actually 29,502 points) other than the primary clothing was designated as a cargo subject to management, and was brought into the Busan New Port CFS (State) free trade zone around June 5, 2012.
On May 23, 2012, the head of Busan Customs Office determined that the first clothes, which were the goods subject to management, are doubtful as the goods infringing on the trademark right of the Defendant Culp, which is the owner of the trademark right in Korea, and notified the Defendant Culp of the fact of import of the goods infringing on the trademark right, stating that “The Defendant Culp may submit or request the withholding of customs clearance within five days from the date of receipt of the notification.”
E. Around May 24, 2012, Defendant Cululian appraised the first category of products as forged goods and notified the head of the Busan Customs Office on the ground that there was no legitimate owner of the trademark right of the Hd brand on May 25, 2012, nor any indication of quality of domestic products, and price indication of authentic goods.
(f) The Busan Customs Office shall have the primary clothes.