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(영문) 창원지방법원 진주지원 2018.06.12 2017가단2638
대여금 등
Text

1. The Defendant’s KRW 10,950,00 for the Plaintiff and 5% per annum from April 27, 2017 to June 12, 2018.

Reasons

1. Basic facts

A. The defendant is a person who operates a restaurant "C" in Scheon-si D using the service mark and trademark "C".

B. On May 3, 2016, the Plaintiff, using the trademark “C” in Jinju-si E in Jin-si, prepared a written oath as follows on May 3, 2016.

(hereinafter “this case’s business agreement”). 1. C Business does not engage in any speech and behavior on “the chain business department”.

2. The defendant shall supply all food materials to the plaintiff in carrying out the "C" business.

3. The plaintiff does not raise an objection to the defendant as to the content of Paragraph 2.

4. All cases shall be decided by mutual consultation between the Plaintiff and the Defendant.

C. On May 26, 2016, the Plaintiff opened a restaurant with the trade name “C” in the name of the Plaintiff’s wife F, Jinju-si. D.

From July 2016, the Defendant did not supply food materials according to the instant business agreement to the Plaintiff. On October 14, 2016, the Plaintiff and F used the trademark called C (service mark) in the region where Jinju E is located. Since the Plaintiff and F infringed on the Defendant’s right in violation of the Trademark Act or the Patent Act, the Defendant sent a written notification demanding the use of the said trademark, and the said written notification was served to the Plaintiff around that time.

E. Accordingly, on December 27, 2016, the Plaintiff closed the said restaurant, and opened the restaurant in the name of G in the name of G in the name of F on January 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2 (the same as Eul evidence 5), Eul evidence 4 (the same as Eul evidence 6), Eul evidence 1, Eul evidence 2-1, Eul evidence 3-1, 2, Eul evidence 4-1, 4-2, Eul evidence 4-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. From March 9, 2016 to May 3, 2016, the Plaintiff had lent a total of KRW 11 million to the Defendant, but has not been paid up until now.

B. The Defendant on October 2016

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