(영문) 서울동부지방법원 2017.06.09 2016나27001

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(영문) 서울동부지방법원 2017.06.09 2016나27001

손해배상(기)

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties and the content of the terms and conditions of the contract of the defendant (1) are companies running htp:/www.11st.co. Ltd. (hereinafter “instant website”) under the name of “11A”.

The plaintiff is a company that joined the web site of this case as a sales member and sold goods on the web site of this case with the ID (ID; hereinafter referred to as the "Ad of this case").

Article 6 (Intellectual Property Rights) (2) If a sales member claims against a third party any information (including portraits and names) registered and used by him/her, the company may register the information on the relevant goods and services and suspend the sale of the relevant goods and services until it proves that the sales member is not a third party's infringement (such as a court decision or a non-prosecution disposition by the prosecution).

§ 17.(1) Any of the following ancillary goods shall be prohibited from selling, and all of the liability for the sale of ancillary goods shall be borne by the seller who has registered such ancillary goods:

2. A product that infringes on another person’s rights, such as an intellectual property right and trademark right. (2) If a company finds a non-conforming product, it may delete or suspend the sale of the product in question, and may cancel the transaction where the product in question has been sold.

At this time, service charges paid by a selling member in connection with the transaction revoked shall not be refunded.

3. The Company may suspend or withdraw the membership of a selling member who has registered any non-conforming goods, and may claim for any loss incurred by any non-conforming goods from the selling member.

(2) The sales terms and conditions of the web site of this case (hereinafter referred to as "the web site of this case") agreed by the Plaintiff shall be referred to.

(b) The following is the reason why the use of the ID of this case is suspended (1A around March 16, 2014).

유사 판례

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