logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.06.07 2016가단108374
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a legal entity established on July 30, 2014 for the purpose of manufacturing, selling, etc. cosmetics, and is registered with the trademark of “B” (registration number C, filing date D., registration date E., registration date, page and fry cosmetics, skin white-cream, cosmetic-cream, skin white-cream, cosmetic-cream, difac, DNA cream, te. te. te., te. te. c., mec-c., mec. c., mec., mec., mec., mec., mec. cosmetics, meck-c., e., cremation, cremation removal, mec., social conditioners, equipment mec., liquid bathing, mec. n.e., hereinafter referred to as “B trademark”).

The F Co., Ltd. (hereinafter referred to as “F”) concluded a trademark operation agreement with the P.T. Ayu Agung (hereinafter referred to as “P.T”) as an Indonesia company in relation to the B trademark, and agreed to terminate the said trademark operation agreement on June 20, 2014 on the ground that F used the down payment received from the P.T. Ayu Gung for the production of cosmetics on the ground that F was an individually used by the F. for the production of cosmetics.

On July 5, 2014, the Plaintiff entered into a bilateral acquisition agreement with F on July 5, 2014, with respect to the acquisition price of USD 165,360 (Provided, That the acquisition price shall be replaced by the down payment received from Ethiopia); however, the transfer price shall be replaced by the down payment received from Ethiopia).

(hereinafter “instant acquisition agreement”). On July 24, 2014, the Plaintiff entered into a trademark operation agreement with the Ethiopia to produce and supply cosmetics using the trademark, and entered into a contract with the Korea Call Marina Co., Ltd. (hereinafter “Korea Call Marina”) on August 22, 2014 with Indonesia to supply goods related to B trademark cosmetics for export to Indonesia, and requested the manufacture of cosmetics.

On the other hand, the defendant is a creditor who lent F 217,50,000 won to F, and the plaintiff is a transferee of F's business.

arrow