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(영문) 서울동부지방법원 2016.02.16 2015가합401
제3자이의
Text

1. On July 4, 2014, the Defendant based on the collection preservation order issued by the Seoul Eastern District Court on B on July 4, 2014.

Reasons

1. The following facts may be recognized or may be recognized in full view of the entries in Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

B and C sold precious metal using a trademark equivalent to KRW 133,343,325 over a total of 253 times from October 7, 2013 to May 15, 2014, and infringed on trademark rights by storing a trademark stolen product (total of KRW 4,850,000) with a total of 38 points for the same sale from May 16, 2014. As to the facts charged that the Plaintiff, the wife of B, assisted the infringement on the said trademark rights, the Plaintiff was indicted as Seoul Eastern District Court 2014Ra17888.

(hereinafter referred to as the “relevant criminal case”) a criminal case instituted and pending as above.

On July 4, 2014, the Seoul Eastern District Court determined the collection preservation amount to KRW 133,343,325 and issued the collection preservation order for each property listed in the separate sheet (hereinafter “instant collection preservation order”).

As the instant order of preservation for collection was executed on July 11, 2014, Incheon District Court Decision 71669, which was received on July 11, 2014, the registration of provisional seizure was made on the buildings listed in Attached List No. 1 (hereinafter “instant building”). On July 10, 2014, the instant order of preservation for collection was served on D, who is the debtor of the bonds listed in Attached List No. 2 (hereinafter “instant bonds”).

(C) Each of the above execution on the instant building and the instant claim is executed (hereinafter “each of the instant enforcement”).

B was convicted of two years of suspended sentence, additional collection of KRW 13,343,325 in October 16, 2014, in the above case No. 1788, on October 2014, due to the violation of the Trademark Act and the Act on Regulation and Punishment of Criminal Proceeds Concealment.

B appealed as Seoul Eastern District Court 2014No1432, but was sentenced to the dismissal of appeal on December 5, 2014, and the appeal was not filed by B.

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