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(영문) 서울중앙지방법원 2014.01.24 2013가합59352
서비스표침해금지 등
Text

1. The defendant (Counterclaim) shall be attached to the business and advertisement of the service business listed in the attached Table (1).

Reasons

1. Basic facts

A. From May 24, 2010, the Plaintiff registered a service mark on December 19, 2011 with respect to the trade name indicated in the separate sheet (2) of the attached Table No. 11, 2010, while running a business of lending gathering places in Seocho-gu Seoul (hereinafter “instant store”) with the trade name “D” in the name of “D” from May 24, 201.

(hereinafter “instant service mark”). The Defendant is a person who was engaged in the same kind of business as the Plaintiff with the trade name “E”.

B. On May 29, 2013, the Plaintiff entered into a contract to transfer the right to the instant store to the Defendant, and the main contents thereof are as follows.

(hereinafter referred to as the “instant contract”): The location of real estate to be indicated: Seocho-gu Seoul Metropolitan Government F and C 302 trade name: D business type: spatial lending.

2. Amount of rights (including facility costs): 45 million won;

3.Article 1 of the Terms and Conditions of Transfer of Rights shall pay to the transferor the sum of the rights of the above mentioned real estate:

4.5 million won of down payment shall be paid on May 30, 2013 at the time of a contract, the balance of 40.5 million won.

Article 2 The transferor shall remove all the matters impeding the exercise of the right of lease and shall transfer all the facilities including all the facilities so that the transferee can conduct the business immediately at the time of the receipt of the balance.

4. A lease contract, the owner of which is not subject to a special agreement, shall be refunded the contract deposit, the lease deposit of which is KRW 50 million, the monthly rent of KRW 3850,000, the lessor's leaples, or the lease term of which is from May 3, 2013 to May 2, 2014.

Women's toilets may be expanded and used.

After June 30, "D" can not be used as a brand only after June 30.

The transferor shall not open the same type of business within 500 meters in Gangnam-gu.

To legally transfer telephone numbers and existing customer DB to the assignee.

If the above special agreement is not observed, the other party shall be liable for damages of KRW 10 million.

C. After the lapse of June 30, 2013, the Defendant’s signboards “D” attached to the outside of the instant store are as they are.

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