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(영문) 수원지방법원 2016.08.18 2015가단136650

손해배상(기)

Text

1. The Defendants: (a) KRW 48,200,000 for each Plaintiff; and (b) 5% per annum from June 30, 2014 to August 18, 2016, respectively.

Reasons

1. Basic facts

A. The Plaintiff is manufacturing and selling concrete mixtures, doublebiotics, etc.; Defendant D is an agent that sells the Plaintiff’s product in the trade name of “E; Defendant C is a person who works as a vice head of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. Defendant D and Defendant C conspired with each other on June 28, 2013 to June 30, 2014, and committed an unfair competition act that causes confusion with the Plaintiff’s goods by manufacturing and selling concrete solar products H 147,00-liter using the same phrase as “G”, which is the Plaintiff’s trademark widely known in the Republic of Korea, in collusion with Defendant D and Defendant C, from June 28, 2013 to June 30, and the said judgment became final and conclusive as of April 25, 2015. < Amended by Act No. 13287, Apr. 17, 2015; Act No. 13375, Apr. 25, 2015>

C. Defendant D deposited KRW 20 million for the Plaintiff in the above criminal case, and Defendant C deposited KRW 20 million for the Plaintiff on April 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, each entry of Eul evidence 1, the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the facts as seen earlier prior to the occurrence of the liability for damages, Defendant D and Defendant C are liable to compensate the Plaintiff for the damages in accordance with Article 5 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “the act of causing confusion with other person’s business facilities or activities by using things identical or similar to the name, trade name, mark, and other marks widely known in the Republic of Korea as indicating other person’s business,” and the Defendant Company is liable to compensate the damages in accordance with Article 756(1) of the Civil Act as the employer of Defendant C.

B. We examine the scope of damages and the amount of damages to be compensated by the Defendants.

Article 14-2.