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(영문) 서울중앙지방법원 2018.05.18 2017가합554930
손해배상(지)
Text

1. Defendant C and D jointly share KRW 11,050,000 to the Plaintiff and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for trademark registration with respect to F’s attached mark as a designated service business as to the designated service business as to the F’s attached mark, and registered as G trademark right holder in the current register.

(hereinafter referred to as the “instant registered trademark” and the trademark right of the instant registered trademark is referred to as the “instant registered trademark”). B.

On June 13, 2007, the Plaintiff and H and LI (Death on December 30, 2016) invested KRW 200 million respectively, and entered into a partnership agreement with the trade name and trademark to operate a general restaurant business with the J., and the Plaintiff agreed to take charge of the operation of I, H’s business utilizing a human network, and the Plaintiff’s test.

The plaintiff, H and the network I operated the J restaurant, and the registered trademark of this case was intended to be used as the mark of the restaurant.

C. Defendant C Co., Ltd. (hereinafter “Defendant C”) was a company established and operated on April 9, 2010 by the network I. At the time of its establishment, the network I was 43.4% and the Plaintiff L and H held 28.3% shares, respectively. The network I was registered as a director and a representative director, and L and H were registered as an inside director on January 7, 2013.

The Defendant C’s shares were transferred to the Plaintiff around March 2016.

Defendant C was running franchise business to enter into a “M brand operating contract” with a company operating a restaurant using the instant registered trademark. Defendant C entered into a “M brand operating contract” with several companies including N and Defendant D (hereinafter “Defendant D”).

E. Defendant D (it was changed from E to September 13, 2017) was established on November 26, 2010, and operated an O restaurant using the instant registered trademark.

F. N Co., Ltd., Ltd. established on June 29, 2011, the Plaintiff, H and network I are the same enterprises.

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