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(영문) 서울동부지방법원 2018.04.20 2017가단112264
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is the business owner of “D”, and Defendant C entered into a Korean sales agency contract with “F and G (Sbrow)” product (hereinafter “instant product”) on February 1, 2016 with E Co., Ltd. (hereinafter “E”).

B. The Plaintiff was introduced to Defendant C through I who operated the above eyebrow Manufacturing Business Co., Ltd., and the Plaintiff and Defendant C sold the instant products in seven home shopping around March 2016, and the Plaintiff agreed to sell them in the online, offline, and offline except the Defendant C, and pay the Plaintiff a sum of seven million won to Defendant C.

On March 26, 2016, through Defendant C and I, the Plaintiff obtained permission to temporarily use the Plaintiff’s trademark (limited to accelerators and eyebrows) and model K’s videos and photographs from March 26, 2016 to September 30, 2016, the Plaintiff’s seven primary home shopping channels in Korea and its affiliated Internet games.

C. On April 2016, the Plaintiff drafted a mutual agreement with Defendant C as follows (hereinafter “instant agreement”).

Both agreements D and the Plaintiff shall agree as follows:

(subject matter) The EJ shall set up a prompt eyebrow, accelerator, and accelerator (matters to be observed, damages).

1. As a result of the mutual agreement between both parties, the Plaintiff is going to sell 7 channels of L home shopping (L home shopping, M home shopping, N home shopping, O home shopping, P home shopping, Q home shopping, R home shopping), S home shopping, and ancillarys operated by each business operator and Ka home shopping, respectively.

Provided, That it shall not be sold in any other online or offline.

The plaintiff shall be comprised of 4 pairs (one package), eyebrow 7,00, and shall sell at least 69,000 home shopping sales per sheet (including glus and heirs).

(except for the relevant broadcasting station’s own protocol).

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