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(영문) 수원지방법원 2017.11.09 2017고단4369
부정경쟁방지및영업비밀보호에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

H is the representative director of the I Institute for the settlement of automobile parts, such as a car fuel pen, and the J is employed by H and operates the I Institute for the settlement of automobile parts, and K is a person who mediates the export of automobile parts between the manufacturer and the exporter in the actual representative interest of the L of the Dispute Settlement Co., Ltd. established for the purpose of manufacturing automobile parts.

No person shall commit an act of causing confusion with another person's goods by using any product identical or similar to another person's trademark widely known in the Republic of Korea, or by selling any product using such product.

Defendant

B and H and J did not conclude a contract with Hyundai Motor Vehicle Co., Ltd. for the manufacture of fuel lots and fuel lots, or for the manufacture of products using the registered trademark of the above company, even though K did not have concluded a contract for the establishment of a trademark exclusive use right so that the products can be manufactured by using the above company’s registered trademark, upon around September 2016, K made a request in the form of a trademark identical or similar to the registered trademark (trademark registration No. 40-02839-000) of Hyundai Motor Co., Ltd. (trademark No. 40-02839-000) widely known to J in the Republic of Korea and requested for the manufacture of 10,000 parts of the fuel pen and the pen per day, and Defendant B, H and J will invest in the process of manufacturing materials and machinery, factory management, and Defendant A and N et al. to manufacture and assemble the order of manufacturing products in order, and Defendant A and N et al. will manufacture and assemble the P & P products.

Accordingly, H provides the KJ with a factory of the ISB around July 2016, and pays KRW 1610 million from July 2016 to September 201 of the same year, and Defendant B pays KRW 100 million to J from July 2016 to September 2016 and purchases valves, reinforcement plates, etc.

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