제호사용금지 등 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. K registered (registration number: L) with the competent authority (Seoul Special Metropolitan City Mayor) around 2001.
K actually worked as an issuer and issued C
(Registration) The Plaintiff was established on September 3, 2012 and registered as C’s issuer around that time.
The actual owner of the plaintiff is K.
B. On April 18, 2013, the Plaintiff entered into a contract with the Defendant to transfer title C (hereinafter “instant contract”).
Details of the contract are as follows:
1) The Plaintiff transfers the title C ground newspaper and online newspaper to the Defendant. 2) The Plaintiff also transfers the trademark registration right and its right against the Defendant under subparagraph C to the Defendant.
3) The transfer proceeds shall be KRW 10 million. 4) The Defendant shall transfer 50% of the shares of the Defendant Company to K.
5) The Defendant shall appoint K as the honorary chairperson of the Defendant Company, and the salary shall be KRW 3 million per month. C. The Defendant paid KRW 10 million to the Plaintiff on the date of the contract, and applied for the registration of change of newspaper business to the competent authority on April 19, 2013, and became the issuer of C around that time. D. On April 18, 2013, which is the date of the instant contract, the Defendant was provided with ID and passwords available for access to C’s website at the time from the Plaintiff on April 18, 2013. However, the said website no longer fell on the grounds that it cannot be known on May 1, 2013. The Defendant purchased a separate website (N) from a third party. Since then, the Defendant purchased an online newspaper (the registration number (O) from a third party to a “P”).
E. The Defendant commissioned K as an honorary chairperson on April 27, 2013, but at the time K was detained in a criminal trial and did not pay benefits on the ground that it was impossible for K to act as the chairperson.
F. On June 5, 2013, K transferred 50% of the shares to be transferred to the Defendant to Q and R each 25% to Q and R, and Q and R as the Defendant’s director.