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(영문) 서울중앙지방법원 2017.11.17 2017가합510787

손해배상(지)

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from August 18, 2017 to November 17, 2017, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a service mark holder with respect to the following marks, as a company engaged in online e-rating services, employment agency services using Internet-based technology, job placement services, etc.

(1) The mark "(1) of the service mark "(hereinafter referred to as "Plaintiff service mark"): The filing date / the registration date / the registration number: October 17, 2010; / the designated service business as of October 23, 2012: The designated service business as of October 23, 2012: the job placement business, the job placement business, the job placement business, the job information provision business, the expiration date of the duration of the job offering business: October 23, 2022: the filing date / the registration date / the registration number on June 17, 2010: the designated service business as of September 2, 2013: the job placement business, the job placement business, the job information provision business, the job offering business, the job offering and the job offering information business (scheduled: October 23, 2022: the expiration date;

A business agency contract between the Plaintiff and the Defendant (Evidence 5) was established on May 2, 2006, and the Defendant is engaged in online e-mailing service, Internet-based employment agency service, and job placement service using Internet-based technology. In around October 1, 2012, the Plaintiff selected the Defendant as a branch office in Busan Busan Busan Metropolitan Area, and the Defendant entered into a business agency contract with the Defendant as the Plaintiff’s branch office “from October 1, 2012 to December 31, 2014.”

The main contents of the revenue distribution regulation, which is an agreement incidental to the business agency contract and the contract, are as follows:

Article 1 (Purpose) - The purpose of this business contract is to present the terms and conditions of the contract in order to enter into a fair business contract between the ordering person (hereinafter referred to as the “main contractor”), the Plaintiff’s branch office (hereinafter referred to as the “party”) and the Defendant (hereinafter referred to as the “Defendant”). Article 2 (Definition of Terms”) permits the branch office to engage in business activities using its trade name, service mark, CI, and miscellaneous Korea’s site on the business area, and to provide educational support and control for that business activities, and, in return, pay a certain percentage of profit.