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1. The Defendant’s KRW 47,00,000 for the Plaintiff and 5% per annum from December 21, 2016 to June 16, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a personal entrepreneur, who runs machinery tools, valves, and piping material wholesale business in the trade name of “C” and is a trademark holder of the following registered trademark:
(A) Nos. 8, 27, hereinafter below is referred to as “instant trademark”). The designated goods of Category D/E/F 3: The filing date of the trademark / the registration date of the trademark / the mark 3: Category 07 [Ming for non-transporting machinery and apparatus (mechanic parts), valves for non-transporting machinery and apparatus (mechanic parts), bowling for non-transporting machinery and apparatus (mechanic parts), non-transporting machinery and apparatus (mechanic parts), cocking for non-transporting machinery and apparatus (mechanic parts), non-transporting machinery and apparatus (mechanic parts), cocking for non-transporting machinery and apparatus (mechanic parts).
B. The Defendant is an individual entrepreneur who runs the wholesale business, etc. of valves products in the trade name of “G” (the trade name before the change was referred to as “H”, which was changed to the current trade name around July 201).
C. From October 201 to August 201, 201, the Defendant was sentenced to a fine of KRW 3,000,000 on January 15, 2015 (hereinafter “relevant criminal case”), and appealed on the part of the opening and closing of the valve ball valve., and the valve is similar to Cock, which prevents or open a hole and prevents it from spreading it, and damages the valve. 29,434, imported and sold from Chinese enterprises, thereby infringing the Plaintiff’s trademark right.” (hereinafter “relevant criminal case”), but the Defendant appealed against this and appealed on July 16, 2015 (hereinafter “relevant criminal case”).
Meanwhile, the date of acceptance of import declaration of valves imported from September 21, 201 to June 29, 2013 from September 21, 2011, and the model specification, unit price, and amount are as stated in the attached Table import declaration.
[Ground of recognition] There is no dispute or significant fact in this court, Gap evidence 1 through 4, Gap evidence 6, 8, 9, 11, and 12.