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(영문) 대전지방법원 2020.06.04 2019가단118521

손해배상(기)

Text

1. The Defendant: (a) KRW 3,00,000 to Plaintiff B, as well as 5% per annum from July 13, 2019 to June 4, 2020; and (b).

Reasons

1. Basic facts

A. The Defendant, from September 1, 2012 to around September 1, 2012, is a person who operates a skin management store (hereinafter “EM store”) with the trade name “E” in Dong-gu Daejeon (hereinafter “E”), and Plaintiff B was an employee from September 6, 2105 to March 6, 2017, and Plaintiff B is the husband of Plaintiff B.

B. Plaintiff B’s trade agreement and trademark use agreement 1) the secondary control point in the name of “E” from Daejeon Dong-gu, Daejeon (hereinafter “Echeon-dong”);

(E) Around March 2017, the Defendant invested KRW 17 million to Plaintiff B and the Defendant owns the trademark right (hereinafter “instant trademark”).

(2) Around March 17, 2017, Plaintiff B agreed with the Defendant to enter into a partnership agreement with the content that the Defendant shall pay 1/3 of its profits for six months after opening the open point of E-dong. Accordingly, Plaintiff B opened and operated E-dong stores on or around March 17, 2017, and upon the termination of the partnership agreement with the Defendant around March 31, 2017, two weeks later, the Plaintiff agreed to return the investment amount of KRW 17 million to the Defendant and pay KRW 3 million in return for the continued use of the trademark of this case, but the Defendant agreed not to deduct the customers of E-dong stores from the customers of E-dong stores.

(hereinafter “instant agreement”)

C. On August 14, 2017, the Defendant: (a) notified Plaintiff B of the use of the instant trademark on the ground that the Plaintiffs were deprived of the Defendant’s EM store customers; and (b) notified Plaintiff B of the replacement of the signboards of E,0000 won paid to the Defendant as above, while Plaintiff B did not have such fact; (c) on August 28, 2017, the Defendant rejected the request; (d) on August 28, 2017, the Defendant applied for a provisional injunction against interference with business as the Daejeon District Court 2017Kahap50294 against the Plaintiffs; and (e) the Plaintiff related to the Marin business.