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(영문) 서울동부지방법원 2014.07.16 2014가합2943

소유권이전청구및손해배상청구

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. On March 23, 2006, the Plaintiff was established for the purpose of the wholesale and retail business of medical supplies, medical appliances and appliances, and cosmetics, and registered the trade name “A” in Daegu Metropolitan City. On August 1, 2013, the Plaintiff registered the domain name “E” with the domain name registration agency on August 1, 2013, and uses it as its Internet homepage address for the promotion and sale of the Plaintiff’s products.

B. On September 22, 2006, Defendant B registered the domain name "D" with the domain name registry of this case (hereinafter "D"). On July 23, 2007, Defendant B registered the domain name of this case as "C", "C, business location" Seoul Seongdong-gu F, Seongdong-gu, "type of business, cosmetics, and clothing apparatus wholesale retail", and completed H registration upon filing an application for service marks listed in the G attached list.

C. Defendant C (hereinafter “Defendant C”) was established for the purpose of manufacturing, distributing, selling cosmetics, etc. and registered the trade name of “C” corporation in Seoul Special Metropolitan City on December 13, 2013. The Defendants are using the instant domain name registered by Defendant B as the Internet homepage for the promotion and sale of the Defendants’ products.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 26, 34, 35, Eul evidence Nos. 2, 29, 32, and the purport of the whole pleadings

2. Around July 31, 2007, the Plaintiff’s representative director, i.e., Defendant B and Nonparty J, and K established the Plaintiff by investing their respective capital. Around July 31, 2007, the Plaintiff entered into an agreement with the Plaintiff on the following terms: “The Plaintiff, as its head office, has the right to manufacture and supply products, trade name, trademark right, and domain name, and the right to the Plaintiff’s product, as its head office, and the Defendant B, J, and K has to operate the agency by being supplied with the product from the Plaintiff by means of independent accounting system

The domain name of this case is registered under the name of the plaintiff at the time when defendant B serves as the plaintiff's employee.