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(영문) 특허법원 2021.01.14 2020나1100
손해배상(기)
Text

1. Of the judgment of the first instance court, the part of the Defendants’ failure, which exceeds the payment order, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company established on November 5, 2014 by D, E, and F for the purpose of retailing and trade (export and import) trade (export and import).

2) Defendant C actually operates “B” (name of business registration: Manufacturing, wholesale, wholesale business) and H Co., Ltd. (established on September 11, 1997 and deemed as “H” on December 5, 201; hereinafter “H”), which was a personal business entity, established and substantially operated Defendant B (hereinafter “Defendant B”) for the purpose of research and development of cosmetics, manufacture, sale, trade, etc. on April 13, 201.

B. I (J) English scrapers were used as various marks with different letters written in Seodaemun as they were followed and as they were followed.

1) From September 2009, Defendant C manufactured and exported the cosmetics of “L” or “M” to Japan through K (hereinafter “K”) under the name of “B” of the Defendants’ I Cosmetics manufacture and sale. From September 2009, Defendant C manufactured and exported the cosmetics of “L” or “M” (hereinafter collectively referred to as “Defendant I cosmetics,” including the cosmetic, among the products manufactured and sold by the Defendants.

B) Around that time, K exported Defendant 1’s I Cosmetics to Korea through Korea’s Import Agency (hereinafter “N”) Korea’s Republic of Korea’s Republic of Korea (hereinafter “O”), and K sold Defendant 1 cosmetics to Japan via Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea War P (hereinafter “P”).

C) At the time Q Q in a special relationship with O and P, the representative of Q was U, but the representative of Q Q when Q Q Q kia (hereinafter “ Q Q Q Q”) was his child, P representative W was his wife, and U and Q were employed as O director at the same time.

The trademark "" is a Japanese company established on April 26, 1996 for the purpose of engaging in the export and import business, etc. of cosmetics and beauty art appliances.

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