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(영문) 부산지방법원동부지원 2014.06.27 2013가합100025
영업방해금지 등
Text

1. The Defendants shall interfere with the Plaintiff’s business by performing each act listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. (1) The Plaintiff is engaged in the business of manufacturing and selling te-ts, such as Titiuss, Southern-gu, Baz, and Doket, using the trade name “E” in Nam-gu, Busan, using the trademark “F” or “G” (hereinafter “instant trademark”).

(2) From April 9, 2007, Defendant C was in office as a director for about three years from Plaintiff E’s operation.

Defendant B is a person who has obtained trademark registration of the trademark of this case as H.

B. (1) The Plaintiff’s use of the trademark of this case, etc. (1) was registered with the J trademark of this case (10 cases of designated goods: No. 25 South Twitts, etc.), and the Plaintiff was in charge of business and accounting at the clothes manufacturers operated by I.

(2) On June 2001, the Plaintiff: (a) operated the instant trademark E, which is a clothing company; and (b) acquired the right to use the instant trademark from I and the inventory in KRW 35 million.

(3) From around 2004, the Plaintiff supplied the instant trademark to 7 Hyundai department stores (29% transaction ratio), 4 new world department stores (50% transaction ratio), treatment department stores, and substitute department stores, or directly sold the instant trademark at the above department stores.

(4) In the clothing industry, it is known that the instant trademark is E’s product operated by the Plaintiff. The sales amount of the clothing sold by the Plaintiff after attaching the instant trademark was 928,107,612 won, 1,336,62,582 won in 2005,275,336,090 won in 2006,2161,306,747 won in 2006, 2007, 1,728,038 won in 208,685,178 won in 209, 1,523,252,60,636,612 won in 206, 2005, and 1,728,031,031,95 won in 207, 208, and 1,523,606,612 won in 201, 2015,213.

(5) The E’s operating profit accrued from the sale of clothing attached to the instant trademark when the standard income statement was based on the National Tax Service’s standard income statement is KRW 59,104,992 in 201, KRW 64,164,543 in 2011, KRW 69,921,258 in 2012.

"K" out of 72,611,666 won in operating income in 2012.

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