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1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each money, from January 7, 2017 to January 7, 2017, with respect to KRW 2,000,000 for Defendant C and each money.
Reasons
1. Basic facts
(a) The mark that is registered as the Plaintiff’s trademark right (hereinafter “instant trademark”): (2) filing date/registration number / The registration number: D/ E/F3): Designated goods: laundry and cleaning equipment (excluding electric appliances, cleaning rail, cleaning punch, etc.)
B. On April 1, 2016, the Plaintiff established a non-exclusive license to use the trademark of this case to G (H) and on May 1, 2017, the Plaintiff established a non-exclusive license to use the trademark of this case to G (H).
G and I have sold cleaning goods, which are designated goods of the trademark of this case, using the trademark of this case since the time when they were entitled to non-exclusive license from the plaintiff.
C. The Defendants, who sold the products of the Defendants, were supplied by J Co., Ltd. with k’s Korean sign, which is an indication of the Korean sign of the instant trademark attached by the Company without the Plaintiff’s permission, and Defendant B, from October 15, 2016 to April 27, 2018, Defendant C (hereinafter “Defendant C”) sold or advertised the instant products four times from December 26, 2016 to March 12, 2018.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 5, 6, 10, 11, 13, 15, 19, 26-42, and the purport of the whole pleadings
2. Determination
A. The Defendants, without the Plaintiff’s permission, violated the Plaintiff’s trademark right since they indicated the instant trademark in Korean language on the cleaning box, which is the designated goods of the instant trademark, and attached the same name and concept as K and sold it.
B. 1) According to the facts of recognition of the occurrence of liability for damages, the Plaintiff used and operated the trademark of this case on designated goods of this case, and thus, the Plaintiff is presumed to have suffered business losses due to the Defendants’ infringement of trademark rights. Therefore, the Defendants are liable to compensate the Plaintiff for damages caused by the infringement of trademark of this case. 2)