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(영문) 대전지방법원논산지원 2020.11.11 2020가합1028
유체동산인도
Text

The plaintiff (Counterclaim defendant) shall pay 76,850,000 won to the defendant (Counterclaim plaintiff) and shall be from January 9, 2020 to November 11, 2020.

Reasons

. Persons are parties;

Defendant D is the representative director of Defendant B, and Defendant E is the representative director of Defendant C.

Since 2016, the Plaintiff and the Defendants concluded an agreement on April 29, 2019 (hereinafter “instant agreement”) with the following contents in order to settle disputes, while continuing legal disputes, such as criminal complaints and civil litigations related to patent trademark rights.

This Agreement provides that the cases referred to in the e-mail sent by Gap to Eul on April 10, 2019 (hereinafter referred to as “instant e-mail proposal”) shall aim to clean or prevent any dispute over any criminal, civil, and industrial property rights that are already in progress or that may be in progress in the future, and that Gap and Eul agree as follows:

B shall transfer the compensation for defamation damage from Gap to Gap by the judgment of the lawsuit related to infringement of trademark rights.

Public announcement of apologys in daily newspapers;

(G press and other daily newspapers 17*18 m) A shall transfer the name of a patent and trademark related to tea in the name of A.

The gold bars in B and PPC kybrobrobes shall be transferred to A.

A and B shall agree to compensate for the expenses, etc. incurred due to the dispute in the presence of the attorney-at-law for further discussions.

A shall allow B to operate as the H agency of A.

After a written agreement is prepared and the amount of judgment under paragraph (1) has been deposited, A and B shall withdraw the civil and criminal lawsuit and request for a trial to the Korean Intellectual Property Office in the presence of the attorney-at-law.

on April 29, 2019: F Company A:

1. B representative director D;

2. E:

3. D;

4. C Representative E Co., Ltd. transferred KRW 76,850,50,00 received from the Defendant based on the final and conclusive judgment of the case on April 30, 2019, in accordance with paragraph (1) of the instant agreement, for Defendant E Co., Ltd., the amount of KRW 76,850,50,00 received from the Defendant on April 30, 2019.

[Reasons for Recognition] contain non-contentious facts, Gap evidence Nos. 1 and 4.

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