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(영문) 춘천지방법원원주지원 2016.10.13 2015가단33921
손해배상(기)
Text

1. Defendant D’s KRW 1,00,000 to Plaintiff B as well as 5% per annum from August 25, 2016 to October 13, 2016, and the following:

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B are married, and Defendant C and Defendant D are also married.

B. The plaintiffs and the defendants engaged in the manufacturing and sales business of the Chapter F in the trade name of "F" around 2004, and the performance letter of performance letter stating that the partnership is liquidated on August 31, 2006 is indicated as the plaintiff B and the defendant C. The plaintiff B means the plaintiffs, and the defendant C means the defendants, and it seems that there is no particular dispute between the parties.

(hereinafter referred to as “instant statement of execution”) was drawn up.

The main contents of the instant performance memorandum are as follows.

- From October 30, 2004, Plaintiff B and Defendant C decided to jointly operate F by investing part of military subsidies as well as the factory site and yellow soil site, cash 25,00,000,000, and Defendant C decided to jointly operate F by investing cash of KRW 65,00,000 in cash, but they divided one half of the invested amount due to different opinions.

- Articles jointly used: 2 Drieds, 1 straws, gas straws, sweet sweet sweet sweet sweet sweet , 2 swelds swelds, factories, and other swelds - Swelds - Swelds cands

- The place in which an anti-opa is set and the site for a building shall continue to be used in F as long as it is operated.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination

A. At the time of the preparation of the 1 Plaintiffs’ claim for damages arising from the fraudulent use of the F trademark, the “F” trademark used by the Plaintiffs and the Defendants for the same business was exclusively used by the Plaintiff A, and the Defendants were well aware of this.

However, after the preparation of the instant performance memorandum, the Defendants sold the same as “F” while selling a decoration, etc., and used the name “F” on the camera name of the portal site. In search at the portal site, “F” was used as meaning the Defendants.

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