(영문) 서울동부지방법원 2014.09.26 2014재나17

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(영문) 서울동부지방법원 2014.09.26 2014재나17

손해배상 등

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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

The Plaintiff filed a lawsuit against the Defendant for damages, etc. by this Court No. 2011J26309, and the court of first instance rendered a judgment dismissing the Plaintiff’s claim on February 15, 2013.

B. The Plaintiff appealed against this and appealed by this Court No. 2013Na3646, but this Court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on August 14, 2013.

C. The Plaintiff appealed to the Supreme Court as 2013Da72176, but the appeal was dismissed on November 28, 2013, and the said appellate judgment became final and conclusive.

2. Grounds for retrial and determination

A. The Plaintiff’s assertion is the owner of the registered trademark “D”, which is the owner of the trademark “D,” and the Defendant is the director of E Co., Ltd. (hereinafter “E”), and was in general in charge of overseas business. Around February 2007, E produced and exported 1,910 copies of the summary containing a trademark “F”, a similar trademark, to the Egypt trading company (hereinafter “Egypt”) that is the customer of Emirates without the Plaintiff’s permission of use, and E promised to prevent the Plaintiff from re-exporting the outline attached with the F trademark on April 12, 2007.

Since May 24, 2007, E, the Defendant issued an additional order for the 2,020 pages 2,020 on which the trademark “F” was attached to E, and the Defendant, in preparation for any dispute with the Plaintiff, had a fishing gear send back the above order sheet (Evidence A 29-2) changing the trademark “F on the order (L) from May 24, 2007 to “I”, and had the fishing gear send back the order sheet (Evidence A 29-2) with the trademark attached to I from the fishing gear, and actually loaded and exported the trademark attached with the F trademark on January 5, 2008.

Nevertheless, a new trial ruling is objective, such as commercial invoice, packing statement, bill of lading, and certificate of origin.

유사 판례

-부산고등법원 2015.05.13 2014재나39

-서울동부지방법원 2015.01.13 2014재가단47

-서울동부지방법원 2013.02.15 2011가단26309

-서울동부지방법원 2013.08.14 2013나3646

-서울동부지방법원 2011.11.25 2010가단43413