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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a personal business entity D, and Defendant B Co., Ltd. (hereinafter “Defendant Company”).
(2) Around 2009, the Plaintiff became aware that the Defendant Company made a Handphone case with the trademark attached E, and entered into a contract with the Defendant Company from August 2009 to November 201, 2010, the Defendant Company was supplied by the Defendant Company with the smartphone case, etc. with the trademark attached to the “E” (hereinafter “instant product”), and was integrated into KK on December 15, 2015, and the Defendant Company was integrated into KK on December 15, 2015, and thereafter K Company changed its trade name to J. hereinafter “J”).
B. Supreme Court Decision 1) The Plaintiff sold 3,400 of the instant products supplied by the Defendant Company to J, and the J, via its own website, sold 3,143 of the products supplied by the Plaintiff from September 2009 to February 6, 2013, and immediately suspended the sale of the products after receiving a warning to suspend the sale of the products, because the Plaintiff infringed upon the trademark right from E. (2) on September 10, 2013, E filed a lawsuit seeking compensation against J for damages on the ground that he sells the Bacphone case infringing the trademark right of E, and the Plaintiff participated in the said lawsuit to Justice.
J purchased the products that infringed the trademark right of E from the Plaintiff, and the Plaintiff asserted that the Defendant Company was aware of the fact that the Defendant Company was to obtain the right to use the trademark of E from F.
The plaintiff requested the defendant company to provide an explanation related to the right to use the registered trademark in the above lawsuit, but the defendant company repeats the position that there is no problem based on the business partnership agreement concluded with F.
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