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(영문) 부산지방법원동부지원 2014.05.30 2012가단4185
집행문부여에 대한 이의의 소
Text

1. The defendant's damage compensation case against the plaintiff in Busan District Court 2008Gadan8449 ( intellectual property right).

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff (hereinafter “Plaintiff”) for damages claim against the Plaintiff (hereinafter “Plaintiff”) on the ground that “Plaintiff manufactures the Defendant’s registered trademark as an advertising advertisement and installs it on the outer wall of the Plaintiff’s building in the name of the Plaintiff, thereby stealing the Defendant’s trademark so that the Plaintiff can be seen as the Defendant’s franchise store, and engage in unfair business practices by treating as if the Defendant was the Defendant’s franchise store; and that the Defendant’s work, “B,” which is the Defendant’s work, transferred a significant portion of the contents of “B,” to the Internet car page and block that the Plaintiff operated without permission, thereby infringing on copyright.” The Plaintiff and the Defendant concluded conciliation as follows on July 15, 2009:

(hereinafter referred to as “instant conciliation”). A statutory provision

1. The plaintiff (the defendant in the above case) does not use the registered trademark and service mark of the defendant (the plaintiff in the above case) stated in the attached Form.

2. The Plaintiff does not abuse or publish without the Defendant’s written consent the main contents of “B” the Defendant’s registered trademark and the name of Pakistan, on the website, carpets, and tables opened and operated by the Plaintiff.

At present, with respect to the portion using the term “G” on the homepage, camera, and blog, etc. established and operated by the Plaintiff, and the portion carrying the broadcast recordings contributed by the Defendant’s representative director H, the Defendant shall immediately specify and notify the Plaintiff, and the Plaintiff shall delete all of them until July 31, 2009.

6. The plaintiff and the defendant agree to the above contents for the termination of the instant case, and if the plaintiff in the future violates the above paragraphs 1 and 2, the plaintiff shall pay to the defendant a penalty for violation by five million won per time.

B. After the instant conciliation, the Defendant filed a complaint against the Plaintiff and granted the execution clause to the Plaintiff. On December 22, 2011 and February 14, 2012, the Plaintiff from September 15, 2009.

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