If a person who has entered into an agreement on the transfer of a trademark refuses to perform the obligation of registration for the transfer of the trademark and continues to use the trademark, whether breach of trust occurs

The defendant who entered into a trademark right transfer agreement has a duty to cooperate with the transferee in the transfer registration in the name of the transferee, and in that respect, he has the status of a person who administers the affairs of the transferee. However, even if the defendant refused to perform the duty of transfer registration of the trademark and established the same production company with the transferee and used the trademark on the product, it is merely a failure to perform his own obligation to complete the transfer registration by doing the transfer registration of the trademark, and it cannot be said that it constitutes a breach of trust because it constitutes a breach of duty

Article 355(2) of the Criminal Act

Defendant

Attorney Park Jin-chul

Seoul Criminal Court Decision 83No2136 delivered on October 18, 1983

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

The grounds of appeal are examined.

The court below acknowledged that the defendant operated the company's whole assets and the defendant's management rights to non-indicted Kim long-term and one other on January 25, 1978 when he operated the company's company as the non-indicted Kim Jong-won and the company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's trademark rights' company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company's company'.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-tae (Presiding Justice)