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(영문) 서울중앙지방법원 2018.05.25 2017가단5236872

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Where the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1, 2, and 6, and evidence Nos. 9-1 and 2, the plaintiff is a food service business operator operating "D" that sells blades in Jung-gu Seoul Metropolitan Government from January 1, 1994, and the defendant is a meat sales business operator who sells the chills with the trade name "F" in Seocheon-si E from June 1, 2012, and the plaintiff was supplied with 100 kms per day from the defendant during the period from January 1, 2014 to December 2014 and used it for the cooking of blades.

2. The plaintiff's assertion

A. The Defendant’s nonperformance of obligation and the Defendant’s broadcasting company’s “I” broadcasting of the date GI due to tort used a knife that the Plaintiff’s knife and knifine number should be discarded after the expiration of the distribution period (hereinafter “instant product”). Based on the foregoing, the Defendant’s business place, which supplied the instant product to the Plaintiff, was reported by news gathering news gathering the Defendant’s business place

In this video, the Defendant's employees arbitrarily cut off the chickens which was stored in the state of cooling, stored cryp, and produced products in an unlawful manner, such as the process of freezing and dismantling cryp in an unsanitary environment for more than three months after the expiration of the distribution period. The Seoul Heavy Police Station found the cryp police station in the broadcast, and confirmed such illegality.

피고의 직원은 이러한 제품들이 ‘유명 칼국수집’에 납품된다고 진술했으며, 해당 방송은 원고가 상표법에 따라 등록한 상표 및 완제품의 전체적 형태와 모습 등을 모두 포함하고 있었기에 시청자들이 쉽게 이 음식점이 원고의 영업장임을 알아챌 수 있는 것이었다.

In fact, after the broadcasting day, the broadcast was broomd by the viewers’ claim, and the Plaintiff’s brand spreads to the so-called bad restaurant that food was made using the chickens for disposal at the Plaintiff’s place of business.

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