The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in the instant case is the substantial representative of online sunset sales chain B.

From September 2012 to April 8, 2016, when the victim F Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) (hereinafter referred to as “G”) that is the trademark right holder sells to G Co., Ltd. (hereinafter referred to as “Co., Ltd.”) an agreed store with the victim company, the Defendant infringed the victim’s trademark right by having the visibility attached with the non-exclusive license under the condition that the trademark can be used, which was supplied from G in violation of the above agreement and sold in online or off-market, etc. which are not agreed with the victim company.

2. Judgment on the exhaustion of trademark rights

A. Where an owner of a trademark right or a person who has obtained his/her consent transfers goods bearing a registered trademark in Korea, trademark rights on the goods concerned are so advanced as to achieve its purpose, and trademark rights are not effective against the use, transfer, or lending of the goods concerned (see, e.g., Supreme Court Decision 2002Do3445, Apr. 11, 2003). Meanwhile, since the scope of non-exclusive licenses, such as designated goods, duration, and area, is granted under a non-exclusive license agreement, the non-exclusive licensee’s use of trademark in excess of the scope may be deemed as not

However, even if a non-exclusive licensee transfers goods in violation of the conditions incidental to the contract, it cannot be deemed that the principle of the exhaustion of rights is excluded from the case of transfer without the consent of the trademark right holder. In full view of the details of the contract, whether the trademark is the main function of the trademark, whether the trademark mark is damaged and the quality assurance function, whether the trademark right holder's interest to prohibit additional distribution and the necessity of protecting the consumers who purchased the goods even after receiving compensation for the sale of the goods, etc., and