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(영문) 부산지방법원동부지원 2016.05.12 2015가단18499
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion that Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Defendant C, its representative director, without justifiable grounds, filed an unfair lawsuit, such as filing an action and filing an application for provisional disposition, as seen below, and thereby, the Plaintiff suffered damage due to disease, sales reduction, etc.

Therefore, the Defendants jointly have the duty to compensate the Plaintiff for damages of KRW 147,400,00 and KRW 30,000,000 due to the decline in sales.

2. Determination

A. The defendant company filed an application against the plaintiff in Busan District Court for provisional injunction against infringement of trademark rights, etc. (2008Kahap114). On December 31, 2008, the above court acknowledged the right to be preserved on the trademark of the defendant company and accepted provisional injunction order prohibiting the use of advertisements, sale of goods, publication, etc. using the defendant company's trademark on the condition that the plaintiff deposited 20,000,000 won as to the defendant company's trademark, but the above court dismissed the application for provisional injunction prohibiting reproduction, display, and distribution of the defendant company's intellectual property right on the ground that it could not specify the preserved right with respect to the application for provisional injunction prohibiting reproduction, display, and distribution of the defendant company's intellectual property right. (2) On July 22, 2008, the defendant company filed an application for mediation against the plaintiff in Busan District Court branch of Busan District Court (2008Mo634, Jun. 24, 2008).

In the above litigation proceedings on July 15, 2009, the plaintiff does not use the registered trademark and service mark of the defendant company.

2. The Plaintiff’s website, etc. without the consent of the Defendant Company’s registered trademark and author’s writing, and deleted the portion using “D” term on the Plaintiff’s website and the broadcast video products contributed by Defendant C.

3. The defendant company may post a letter of apology submitted by the plaintiff on the defendant company's website.

4. Between the Plaintiff and the Defendant Company.

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