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(영문) 서울중앙지방법원 2019.05.17 2017가합558581
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D (hereinafter “D”) that produces and sells packaging boxes, and Defendant B Co., Ltd. (hereinafter “Defendant B” collectively referred to as “Defendant B”) is a company that runs the wholesale and retail business of health assistive foods, etc., and Defendant C Co., Ltd (former trade name: Co., Ltd.; hereinafter collectively referred to as “Defendant C”) is a company that manufactures, sells, and exports and imports health foods.

B. D and Defendants’ transactional relationship 1) D are packages of the name “F” in the name of Defendant B from August 2015 to October 2015, 2015, as indicated in paragraph (1) of the list of Plaintiff 1’s Products (hereinafter “Plaintiff 1 Products”).

2) Around September 2012, D manufactured and supplied the product listed in paragraph 2 of the list of Plaintiff 1’s product (hereinafter “Plaintiff 2”) to Defendant C as a package for health-supporting foods under the name of “G” (hereinafter “G”).

C. Defendant B manufactured and used Defendant B’s packaging boxes from September 2016 to February 2017, 2017, manufactured the products listed in [Attachment B] Product List No. 1 (hereinafter “Defendant B”) of the Defendants’ Products from September 2016 to February 2, 2017, and used them as packages for health assistance foods in the name of “H.”

Defendant C manufactured products listed in [Attachment 2] No. 2 (hereinafter “Defendant C products”) from March 2013 to December 2016, 2016, and used Defendant C’s packaging boxes for health assistance food in the name of “I”.

[Basis] Facts without dispute, Gap's statements as to Gap's 2 through 5, 8, 9, 14 through 16, 19 through 21, 24, 26, 29, and Eul's statements as to Gap's 22 through 26, Eul's statements as to Gap's 22 to 26, and Eul's statements as to Gap's 4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the purport of whole

2. Summary of the plaintiff's assertion

A. Defendant B’s franchising the Plaintiff’s 1 products, and Defendant C’s 2.

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