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1. The Defendants are separately designated service businesses listed in [Attachment 3 List Nos. 1 to 11].
Reasons
1. Basic facts
A. The registration and use of the service mark B and the domain name B of this case filed for the service mark as indicated below (hereinafter “first service mark”) and completed the registration of the service mark as indicated in the following table.
Marks: Date of application/registration date/registration number: G/H/I designated service business: (Class 41); golf course and golf practice range manufacturing business; golf course and reservation business for golf practice range; golf course management business;
A. (Class 43) From September 2008, B Co., Ltd., including tourist accommodation business, tourist accommodation business, cooking accommodation business, terminal business, hotel business, etc., operated a golf course (hereinafter referred to as “the golf course of this case”) with different marks listed in the attached Table 3 in the name of “K” (hereinafter collectively referred to as “the marks”) from September 2008, using the instant marks as “K,” respectively.
In addition, corporation B registered the domain name of "F" (hereinafter "the domain name of this case") on June 6, 2007, and used each of the marks of this case on the web site connected with the above domain name as the mark for the golf club business of this case.
B. On June 2012, B Co., Ltd. entered into a golf course operation and management consignment agreement between B and Defendant E, with Defendant E, to maintain the value of the instant golf course offered as security to a limited company specializing in camping YY (hereinafter “non-party campingco”), and entered into a golf course operation and management consignment agreement (hereinafter “instant management consignment agreement”) with Defendant E, and its main contents are as follows.
Article 1 (Purpose) The purpose of this Agreement is to operate and operate Jeju Golf Courses (Defendant E; hereinafter the same shall apply) with the aim of improving the operational efficiency of the Jeju Golf Courses (hereinafter the same shall apply) and maximize the operating profit to maintain the security value of the said golf course.