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 a person who, from September 1, 2012 to September 1, 2012, operates a skin management store (hereinafter “E”) with the trade name “E” in Daejeon-gu, Daejeon-gu, and Defendant B was an employee from E from September 6, 2015 to March 6, 2017, and Defendant C is the husband of Defendant B.
On the other hand, on January 13, 2014, the Plaintiff acquired the trademark right as to the registered trademark indicated in the [Attachment] from F (hereinafter “instant trademark”).
B. Around March 2017, Defendant B entered into a trade agreement with the Plaintiff to invest KRW 17,000,000 with the Plaintiff and allow the Plaintiff to use the instant trademark. Defendant B entered into a trade agreement with the Plaintiff to pay 1/3 of the profits for six months after the opening of the trademark.
C. Accordingly, Defendant B opened and operated H points around March 17, 2017, and the agreement was concluded between the Plaintiff and the Plaintiff on March 31, 2017, following the two weeks thereafter, to return the amount of KRW 17,000,000 to the Plaintiff and to pay KRW 3,000,000 in return for the continued use of the trademark of this case; however, Defendant B agreed not to deduct the customers of E stores operated by the Plaintiff.
(hereinafter “instant agreement”). D.
On August 14, 2017, the Plaintiff notified Defendant B that the instant trademark would not be used and the H point’s signboard would be replaced in the future on the grounds that the Defendants deducted the Plaintiff’s Estore customer.
As to this, Defendant B did not seem to have any such fact and demanded that the Plaintiff return KRW 3,00,000,000 paid to the Plaintiff as above, but the Plaintiff rejected it.
E. From September 15, 2017, Defendant B discontinued the use of the instant trademark from around September 15, 2017, and the H point’s signboard was replaced by “I”.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5 to 8, Gap evidence 11, and Eul evidence 5.