손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment as to the main claim
A. The summary of the plaintiff's assertion 1) Defendant B is the non-party D limited company (hereinafter "non-party D company").
After that, the trade name was changed to "E".
) On September 14, 2009, between the Plaintiff and the Plaintiff on September 14, 2009, the non-party company is “D service marks and trademark rights” (hereinafter “instant trademark rights, etc.”) against the Plaintiff.
(2) The Plaintiff agreed to transfer and pay 77,300,000 won (hereinafter “instant agreement”) that Nonparty Company bears to Defendant C, etc. in return (hereinafter “instant agreement”).
A) The Plaintiff concluded the instant agreement and performed all the obligations prescribed in the instant agreement by paying the Defendant C, etc. a sum of KRW 109,904,00 in excess of the above KRW 77,300,00,000, pursuant to the instant agreement. However, Defendant B, as at the time of the instant agreement, could not transfer the instant trademark right, etc. to the Plaintiff because it was not a member of the non-party company at the time of the instant agreement, notwithstanding the fact that the Plaintiff could not transfer the trademark right, etc. of this case, the Plaintiff could have entered into the instant agreement with the Plaintiff as if the transfer was possible, and thereby, caused damage equivalent to the said amount to the Plaintiff by deceiving the Plaintiff, by allowing the Plaintiff to pay the money to the Defendant C, and the Defendant C processed the said fraud by the Defendant C.
3. If so, the Defendants, as joint tortfeasor, are liable to compensate the Plaintiff for the above KRW 109,904,00 and damages for delay.
B. If the purport of the entire argument is added to each statement in Gap evidence Nos. 2 through 6, it can be acknowledged that the non-party F entered into the instant agreement with the defendant B who represented the non-party G as the representative director of the non-party company by designating the plaintiff as an agent and as the joint guarantor, and paid a large amount of money to the defendant C, etc., and that the defendant B was not a member of the non-party company at the time of the instant agreement.