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(영문) 서울남부지방법원 2013.03.08 2012고단908

상표법위반

Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for each of them, and by a fine of 40 million won for each of them.

However, Defendant B and C.

Reasons

Punishment of the crime

1. Defendant A, Defendant C, and Defendant B are actual managers of H, and Defendant C is the D representative director of the company located in Yeongdeungpo-gu Seoul Metropolitan Government I building 904, and Defendant B is the management director of the said company D.

The trademark "Paul Frk" is registered with the Republic of Korea on March 5, 2010 by 0816115 as new shoes, clothing labels as designated goods. The trademark is registered with the Republic of Korea on March 20, 2006 as Handbags, travel bags, travel bags, etc. as designated goods on December 24, 2003 as 0569800 on December 24, 2003, with the character character of sublime as designated goods, and the trademark is registered with the trademark right holder on March 5, 2010 as 0816, 16, 16, 16, 16, 16, 16, 16, 16, 16, 16, 16, 2010.

Defendant

A, on March 23, 2009, a trademark right holder of the above trademark right, shall make a 250,000 dollars at the time of signing the contract, and shall pay 2,50,000 dollars at the time of signing the contract, such as making additional 150,00 dollars before December 31, 2009, and making a total of 2,750,000 dollars at the time of 2014 as the royalty minimum guarantee rate, and the royalty basic rate was agreed to be 8%, but the above contract was not entered into force due to the failure to pay the advance payment to be paid at the time of the above signature, and there was no transfer from the above part of Article 22 of the "Sagre Agreement" to the above domestic business entity without the written approval of the above folc.

On the other hand, on August 11, 2009, Defendant A entered into a memorandum of understanding with Defendant B and Defendant C for the manufacture and use of goods, and on August 31, 2009.