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(영문) 대구지방법원 2018.01.16 2015가단103262
손해배상(기)
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate from January 15, 2015 to January 16, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a wholesale and retail business with the trade name of “C”.

The defendant is a company that manufactures, wholesale and retail, home fashion manufacturing, wholesale and retail, home fashion trade, home shopping sales, etc.

나. 원고는 2013년 말경 정사각형의 가운데를 작은 원모양으로 오려내고 둥근 모서리를 가진 삼각형 형태로 네 귀퉁이를 오려낸 문양(아래 [그림1])이 사방으로 연속되는 형태의 두껍고 진한 색깔(회색, 오렌지색, 아이보리색)의 바깥 천과 무늬가 없고 옅은 색깔의 얇은 안쪽 천을 한 세트로 하는 커튼(아래 [그림2])을 제작하였다

(hereinafter referred to as “Plaintiff’s pressing”) . [Woo 1] [Woo 2]

C. Around January 2014, the Plaintiff began to sell the Plaintiff’s pressing in Korea, and around March 2014, the Plaintiff sent the Plaintiff’s pressing from the Chinese Textiles EXPO.

The Plaintiff sold the Plaintiff’s pressing to the Defendant during the period from July 2014 to December 2014.

However, the Defendant imported the following [Attachment 3] and [Attachment 4] from China, and sold them through several home shopping companies, including D from December 2014 to December 2014.

【Afforestation3】

E. The Defendant, via D, received KRW 390,00,000,000, after deducting the sales commission from D out of the total sales amount. The Defendant’s volume of the Defendant’s pressing product (including the Defendant’s pressing, as well as the bags, and all of the bags) sold on December 17, 2014 and January 14, 2015, is 5,813. The total sales amount is 685,260,000,000.

[Ground of recognition] The fact that there is no dispute, Gap's statements or images, Gap's 1 through 7, 10 through 13, 18, 23, 24, 26, 27, 29, 30 (including each number), and the result of this court's reply to fact-finding to the Bank of Bankruptcy, the purport of the whole pleadings.

2. The plaintiff's assertion is as follows: the defendant, a product which imitates the plaintiff's pressing form, D.

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