손해배상(기)
1. The plaintiffs' respective claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Defendant C operated Co., Ltd., a company that manufactures and distributes overcharges in Thailand. Plaintiff B, while operating Plaintiff F, supplied non-pet products from E and distributed them in Korea. Defendant D filed an application for trademark "G (hereinafter "the trademark of this case") on the basis of high-sarn, cosmeticn, etc. as designated goods, and registered as trademark right holder on the date of H.
B. On June 2016, Plaintiff B and the Defendants entered into an agreement on the same business for direct production and distribution in Korea and established Plaintiff A (hereinafter “Plaintiff A”) on June 28, 2016.
C. At the time of Plaintiff A’s establishment, only 10,00 shares were issued with the amount per share of KRW 5,00,000, each of which was 2,50 shares under the name of the Defendants, and each share subscription price was fully borne by Plaintiff B.
Plaintiff
A manufactured and distributed overcharges using the instant trademark, and Defendant D notified the Plaintiff of the suspension of the use of the instant trademark on October 17, 2016, and issued to the Plaintiff’s customers around November 25, 2016 a certificate of content that the suspension of the use of the instant trademark infringes on the Defendant D’s trademark.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. Although Defendant D filed an application for the right to the trademark of this case owned by Defendant D pursuant to the partnership agreement with Plaintiff B and Defendant C, as sales to Plaintiff A’s customers have been reduced unilaterally by the wind to unilaterally suspend the use of the trademark of this case and to notify the customer of the infringement of trademark rights, Defendant D has a duty to compensate the Plaintiff for damages caused by such obstruction of business.