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(영문) 서울북부지방법원 2018.07.05 2017가합24735
손해배상(기)
Text

1. The Defendant’s KRW 527,69,200 as well as 5% per annum from July 30, 201 to June 20, 2018 to the Plaintiff.

Reasons

Basic Facts

The plaintiff is a person who is engaged in the manufacturing and wholesale business of clothing, such as sports clothes, in the trade name of "C".

On April 8, 2011, the Defendant entered the Plaintiff as the “SBS D” leader with the trademark right to the character “D,” and concluded that “the garment production order using the above character was issued on April 13, 201 to “the garment production order using the above character,” and “the garment production order was given from the Ministry of Knowledge Economy and the Small and Medium Business Administration in June, 201 to F, and the 150,000 won of the down payment was paid until June 10, 201, and the goods payment would be settled as of the end of the following month.”

Accordingly, from May 24, 201 to July 29, 2011, the Plaintiff supplied the Defendant with clothes of KRW 152,216, such as Twitts worth KRW 893,149,200 (hereinafter “instant supply”).

On August 13, 2013, the defendant was prosecuted against the Suwon District Court on the following facts: "The defendant only obtained the right to use the clothes using the character above from F, but was not an employee of F, and was in a state of no particular property at the time," and thus, "the defendant knew the plaintiff about the delivery of the goods equivalent to KRW 893,149,200 by deceiving the plaintiff even though he did not have the intent or ability to pay the price properly even if he was supplied with the clothes from the victim, and acquired the goods equivalent to KRW 893,149,200," and the above court sentenced the defendant guilty against the defendant at that time,

[In light of the above-mentioned facts, according to the fact that there is no dispute as to the ground for recognition / [the grounds for recognition], the entry of the evidence No. 1, and the ground for determining the purport of the entire pleadings] / [the defendant, by deceiving the plaintiff, acquired clothing, etc. equivalent to KRW 893,149,200 from the plaintiff. Thus, the defendant was 527,69,200 among the damages suffered by the plaintiff due to the above illegal acts as seen above, and the defendant was 527,69,200 among the damages suffered by the plaintiff as claimed by the plaintiff.

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