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(영문) 서울중앙지방법원 2017.04.05 2016나64892
부당이득반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 7, 9, 11, and Eul evidence Nos. 1, 4, and 5 (including the branch number if there are serial numbers):

The Plaintiff was established on October 29, 2001 with the trade name called Seojin Information and Communications Co., Ltd., Ltd., and was changed to the current trade name on April 7, 2014, and operated the production and sales business of telecommunications products. The Defendant is a corporation that operates the manufacture and sales business of free electricity, etc., which is a bilateral communication device.

B. The registered non-party Mason Electronic Co., Ltd. (hereinafter referred to as “non-party company”) filed an application for trademark registration on the trademark indicated in the separate sheet (hereinafter referred to as “instant registered trademark”) around December 10, 1982, and completed the registration around October 25, 1983.

C. On December 20, 2004, the defendant and the non-party company entered into an asset acquisition agreement (hereinafter referred to as "the defendant, regardless of the change of trade name, changed from Cheongho Information and Communications Co., Ltd. to the current trade name on March 25, 2005; hereinafter referred to as "the change of trade name") shall be between the non-party company on December 20, 2004 and the non-party company on December 20, 2004, the business rights of the "TWR" (TWR), operated by the non-party company (TWR), etc., of which the defendant takes over KRW 2.7 billion in price, is "the asset acquisition agreement of this case".

The provisions pertaining to the registered trademark of this case are as follows.

The Specialized Contract shall be "A" of the defendant (hereinafter referred to as "A") located at 7-61, Seocho-gu, Seoul Metropolitan Government, Seocho-gu, Seoul.

And 'A non-party company (hereinafter referred to as the "non-party company") located at No. 70-55, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

TWR, which is operated by “B” as of the date of the contract, is below the business division agreed upon between “B” and “A” under the following subparagraphs.

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