logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.11.13 2013고정6155
부정경쟁방지및영업비밀보호에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 14, 2007, the Defendant entered into a franchise agreement with the “D trillionian Private Teaching Institute” on the Busan-gu C and the second floor of Busan-gu, and operated the Hari Institute, and the contract terminated at the cost of advertisement on August 1, 2009, the Defendant is a person who established and operates the “Friri Institute” on the third floor A3-01 of the building E in Busan-gu, Busan-gu.

No person shall cause confusion with another person's business facilities or activities by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other mark indicating another person's business, which is widely known in the Republic of Korea, or infringe another person's service mark.

Nevertheless, around July 1, 2013, the Defendant searched Naber, which is an Internet portal site, and thereafter, as “D trillionian Private Teaching Institutes”, at the above cooking Private Teaching Institutes, indicated the above cooking Private Teaching Institutes operated by the Defendant. The Defendant used the phrase “D” on the website of the above cooking Private Teaching Institutes, including using the word “D”, “D NAP,” “D Gabro,” “D Gabro,” “D Private Teaching Institutes,” and “D” as a mark widely known in the Republic of Korea as a mark widely known in the Republic of Korea by using the word “D” as a designated service business. At the same time, the Defendant infringed the right to use the service mark.

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of the police interrogation protocol of the accused;

1. The Busan Southern District Office of Education and the Busan District Office of Education and reply to each fact-finding report;

1. A copy of each service mark register, a copy of each service mark establishment and operation registration certificate, a copy of contract, or a copy of judgment;

1. Visiting on the website of each F Accounting Institute, and exposing the tables of the F Accounting Institute;

1. The provisions of Acts and subordinate statutes governing the exposure of NAV tables, the exposure of NAV media, and the exposure of the following media:

1. The relevant provision of the Unfair Competition Prevention and Trade Secret Protection Act concerning a crime;

arrow