209Ra1941 Provisional Disposition against infringement of trademark rights

1. 00000 (OO)

German OOOO 000 00 - 00 - - 00 - 00 - 0

(OOOOO 0 -OO, Germany)

대표자 ♠♠♠♠♠♠♠♠♠♠ )

2 . ●●●● 주식회사

Seoul ○○○○○ Dong ○○ - ○○ ○○○○ ○○○○ ○○ ○○

대표이사 ●●●●●●

Attorney Cho Tae-chul et al., Counsel for the plaintiff-appellant

주식회사 ◎◎◎◎

Seoul ○○-gu ○○○○ ○○○○○○ ○○○ ○○○ Center

The representative director, brest, brest

Law Firm Chungcheong, Attorneys Park Jong-soo et al., Counsel for the plaintiff-appellant-appellant

Seoul Central District Court Order 2009Kahap653 Dated September 9, 2009

May 10, 2010

The motion of the obligees that has been changed in exchange in the trial is dismissed.

All costs of the lawsuit shall be borne by the obligees.

1. The debtor on the Internet site "www. zVV.co. kr" (hereinafter referred to as the "site of this case").

[7] No. 7. No. 1000 No. 1000,000

The sale or purchase of clothes, sports paintings, sports bags, reciting products (hereinafter referred to as "refluence," hereinafter referred to as "refluence")

No sample of the product shall be displayed for sale purposes.

The debtor on the site of this case "(7) or VV "S Brick, Twitts, Rots attached with the trademark"

Registration of Dong Uniforms, sports paintings, sports bags, and bags products (hereinafter referred to as "," hereinafter) shall be allowed.

prior to such time, the identity (name, address and resident registration number) of the seller of the relevant V products and the business person

credit card certification or carrying, if it is not a business operator, through a business registration certificate;

shall be confirmed through telephone certification.

3. The debtor's material used to verify the identity of the seller referred to in paragraph 2 is the relevant V products.

It shall be kept for six months from the date of registration.

4. The debtor, prior to permitting the registration of the ▽△ products (other than used goods) on the instant website, in question:

The following documents shall be demanded to be submitted to the seller of the ▽▽ products:

(7) The purchase receipt, invoice, or invoice of the product (if the product is imported, referring to the imported product).

Documents pertaining to the entry.

B. In addition, the No. 7 No. 1000 documents confirming that the product is a refined product.

(7) No. 6 months from the date the product is registered.

shall be kept for each other.

6.To the contrary:

The debtor, from the creditors or their agents, sells V counterfeit goods on the site of this case

upon receipt of a notice that such notice is being served or exhibited:

A. (7) No. 7 No. 10 of the notice shall immediately delete the products specified as counterfeit on the site of this case.

shall be subject to the provisions of this section;

(b) immediately notify sellers of the products deleted pursuant to paragraph (a) and receive such notice;

No later than 3 business days from the date of the submission of the evidence that the deleted product is a fixed product;

(2) such evidence shall be submitted from the date of receipt of the notice and

(7) No. 300,000 No. 310

shall not be the subject of the

(c) immediately notify the obligees of the time of notification to the sellers referred to in paragraph (b).

(c)

Preliminary:

The debtor, from the creditors or their agents, up to the website of the instant case, the sales of such counterfeit goods

upon receipt of a notice that such notice is being served or exhibited:

(7) No. 7. The notice shall be given to the seller of the products specified as counterfeit.

evidence that the specified product is a good within three business days from the date of receipt of the notice;

to file an objection at the time of submitting the report, and from the date of receipt of the notice;

7 No. 7 No. 9000 No. 1000

registration shall not be permitted, and

(b) immediately notify creditors of the time of notification to the sellers referred to in paragraph (a).

and, if any,

(c) (a) The sellers referred to in paragraph (1) (a) within the period set forth in paragraph (1)(a).

(a) the claims immediately after the expiration of the period set forth in subsection (a).

products specified as counterfeit products in the notice of the person or his agent;

must be removed from Twits.

7. A seller’s notice given by the obligees or their agents pursuant to paragraph 6 as a pro rata forged goods.

If an objection is raised in the course of submitting evidence that the product is a good, the debtor shall immediately be liable to do so.

all such evidence shall be provided to the obligees and the goods specified therein have been removed;

shall be allowed to be registered in the city.

8. The debtor, at the site of this case, from the creditors or their agents, 7. No. 900 No. 800

notice that it is being exhibited or exhibited shall not be later than two business days from the date of receipt of such notice.

the creditors shall provide the creditors with the following:

A. 7 No. 7 No. 1000 No. 1030,000 No. 300

Information on identity, including a record number and telephone number.

(b) (a) All the data kept in accordance with paragraph 3 in respect of the identity of the seller of the port;

(7) No. 310 of the No. 100 of the No. 100 of the No. 106

Details of sales, including the date of sales, sales volume, sales amount, etc. of the goods.

(7) No. 5 shall be kept in accordance with paragraph (5) with respect to a product specified as a forged product.

Materials, in which they have been employed.

19. The obligees or their agents sell at the site of this case, any counterfeit goods that are sold by the obligees or their agents to the obligor;

notice that such notice is being exhibited shall be given, and the notice shall be given on the sales of the goods specified as the ▽X-listed goods.

shall not produce evidence that the product in question is a refined good within the period set forth in paragraph 6 above.

, the debtor is permanently or permanently liable to the seller on the site of this case.

shall not be required to make a record.

10. The debtor refers to the page of each list of goods on the instant website containing V products.

the debtor's name, address, telephone number and e-mail in respect of the seller.

one address shall be posted.

11.The enforcement officer shall give public notice of the purport of the above order in a proper manner.

(The obligees changed their claims in exchange for each other)

The decision of the first instance shall be revoked.

and primarily,

1. The debtor, via the instant website, “7” or “pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-rek

Nts, sports clothes, sports paintings, sports bags, air bags, reciting products are sold or their samples are sold for the purpose of sale.

to be exhibited in the manner described in this section.

2. The enforcement officer shall give public notice of the purport of the above order in a proper manner.

Preliminary

1. A. The debtor uses the above trademark without the obligees' permission through the site of this case. The debtor uses the above trademark without the obligees' permission

have been sold or any sample of the product for sale purposes;

of this section.

B. The debtor has sold the above products using the above trademark on the site of this case for the purpose of sale.

prior to display, the product is a true good.

C. The debtor, at the site of this case, uses the above trademark without the obligees' permission.

of this section. The product must be deleted.

2. The enforcement officer shall give public notice of the purport of the above order in a proper manner.

1. Basic facts

(including numbers), No. 1, 6, 1, 2, 1,

each entry, the purport of the whole examination.

A. The creditor's OOOOO "V" or "V" No. 770,00 won (hereinafter "the trademark of this case").

D) A producer of global sports supplies that manufactures and sells various sports supplies using the same;

u. Various kinds of transportation, such as sports uniforms, sports paintings, brailleers, sports airbrts, sports bags, air bags, etc. in Korea

동용품을 지정상품으로 하여 이 사건 상표를 등록한 상표권자이고 , 채권자 ●●●●

The creditor ○○○○○○○○○○○○○○○○ Division as a domestic subsidiary of the creditor OOOOO.

(z) conduct business activities using a domestic exclusive license for the trademark of this case after obtaining such license.

(2).

B. The sales revenue of VV group centered on creditor ○○○○○○○○○○○, 60 million won in 2005

6 6 1.0 million oil, approximately 1.0 billion oil in 2006, approximately 1.02 billion oil in 2007, and about 1.02 billion oil in 2007.

권자 ●●●● 주식회사의 국내 매출액은 2005년도 1 , 840억 원 , 2006년도 2 , 170억 원 ,

2, 56.1 billion won in 2007, and approximately 543 registered stores nationwide.

C. The trademark of this case is mainly used by the Korean Intellectual Property Office from 1999 to 2005.

The domestic and foreign trademark house " has been contained as one of the trademarks frequently stolen domestically.

라 . 채무자는 이 사건 사이트에서 " ♤♤♤ 또는 ♤♤♤♤♤ " 이라는 상호로 인터넷

The shopping mall (hereinafter referred to as the " shopping mall of this case") is operated, and the shopping mall of this case is a debtor's sales.

It is not a form of selling goods directly to consumers as a seller, but the obligor and the seller.

to provide the electronic transaction system that can be traded between the parties and to the seller in return;

In the specific transaction between the seller and the buyer, only the service fee shall be charged and shall not be involved in the transaction.

The open market is operated in the form of so-called "open Market".

E. The number of registered members of the shopping mall of this case as of 2008 shall be 10,000 and 5,700,000.

The number of visitors per equal amount of approximately 2,830,00,000, and the amount of transactions shall be approximately 4,00,000,000 won,

23.2% of the amount of electronic commerce transactions, and 44% of the amount of domestic open market transactions; and

The sales amount in 2008 is approximately KRW 2,78.7 billion, among which the sales amount is approximately KRW 1,47.7 billion.

advertising and other sales are 1,30.9 billion won, and operating income in 2008 is 496

It is the level of detention.

F. In the case of a product item traded in the shopping mall of this case, about 30,000 items are more than 5 million items;

the trademark of this case (hereinafter referred to as "a genuine product"), whether it is a counterfeit product, whether or not, the trademark of this case

There are a large number of goods using the trademark of this case ("goods of this case").

사 . 채권자 ●●●● 주식회사는 2005년 이후 이 사건 신청 제기 전까지 1주일에 1

A creditor from among the instant goods distributed in the shopping mall of this case to three times by the debtor

product that appears to have forged or copied the trademark of this case (hereinafter referred to as "the product of this case")

A list of products presumed to be forged shall be notified, and a measure to suspend the sale of the products shall be taken and the sales thereof shall be taken.

The request was made to delete the registration account (ID) of the instant site by each party, as such.

The number of goods requested is about 5,417 from around 205 to November 17, 2008.

아 . 채무자는 채권자 ●●●● 주식회사의 이러한 요청이 있으면 , 바로 해당 상품에

shall take measures to discontinue sales and require the seller to vindicate the authenticity of the product.

(2) in the event that the seller does not comply with the demand of the vindication, the

was.

I. The obligees, the obligees, on November 27, 2008, of this case on the obligor's website.

Sales information on goods that forged or imitated a trademark (hereinafter referred to as "the counterfeit goods of this case"),

Section B. In order to find out and delete or block access to the forged product of this case, the sales of the counterfeit product of this case in the future.

Request to take available technical measures to ensure that all information is not posted or searched;

However, the debtor did not comply with the application of this case.

2. The parties' assertion

A. Creditors' assertion

The debtor is the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and prescribed "information and communications";

Service Providers’ Award in the shopping mall of this case pursuant to Article 44 (2) 1 of the same Act

have the legal obligation to make efforts to prevent distribution of sales information infringing voting rights;

Operation, management, and control of the shopping mall of this case where there is a risk of infringement of trademark rights;

In return for registration fees, sales commission, etc., the shopping mall of this case is subject to income.

There is a legal and cooking obligation to actively prevent infringement of trademark rights of this case.

If such interpretation is interpreted from an economic point of view, the status of this case that is circulated on the site of this case

cost of preventing the sale of a product shall be incurred by operating the site of this case.

It means that they should bear the burden.

However, even though the debtor continued to sell the counterfeit product in the shopping mall of this case,

Upon receipt of notice from creditors of a list of suspected counterfeit products registered in the shopping mall of this case,

action to suspend sales of the product concerned and to delete the seller's registration account;

In the shopping mall of this case, the counterfeit product of this case was not sold only after the extreme measure was taken.

the authenticity of the product prior to the registration of the product information, that is necessary and possible technical measures to prevent such

Confirmation, a full-time surveillance (moning), a comprehensive and prior automatic inspection on whether the registration of counterfeit goods is made;

registration of counterfeit goods (filing), management, provision and seller of personal information of sellers of counterfeit goods

No affirmative measure such as the purport of the application of this case, such as the implementation of the identification system upon registration.

section 22.

Such omission by the debtor violates the obligations under the above laws and regulations and regulations, and thereby violates the individual seller’s obligation.

The shopping mall of this case facilitates the sale of counterfeit goods in the shopping mall of this case.

It constitutes aiding and abetting individual sellers in infringement of trademark rights of this case.

Therefore, the obligees' trademark infringement against the obligor by the above omission.

Requests for prohibition under the Trademark Act, claims for damages due to tort, etc. on the ground of aiding and abetting acts

The plan to bring a lawsuit or the lawsuit on the merits shall require a substantial time until the judgment thereon becomes final and conclusive.

If a debtor's aiding and abetting act continues, the creditors cannot recover.

Since damage is sustained, the same provisional disposition as the purport of the application of this case is sought.

B. The debtor's assertion

Due to the characteristics of the open market such as the shopping mall of this case, the operator directly sells the goods.

services that can be traded between the seller and the buyer, not simply;

of this case, whether the seller infringes on another person's trademark right or not is merely a mere offer to the seller.

General measures to prevent the seller's infringement of trademark rights, such as measures to search in advance;

shall not bear a duty of care.

Article 44 (2) and (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

“The right of another person” refers to personal rights, etc. relating to privacy or defamation.

this does not include property rights such as trademark rights. Moreover, Article 44 of this Act does not include property rights.

subsection 2 of this section provides that "an effort shall be made to ensure that the information is not circulated"

The operator of the Open Market shall take such active measures as are alleged by the creditors.

such obligations may not be deemed to have been imposed.

Nevertheless, the obligor's trademark right including the trademark right of this case to the extent possible.

appropriate and effective to prevent infringing products from being traded in the shopping mall of this case.

Measures have been taken.

Furthermore, the circumstances that a considerable number of counterfeit products are traded in the shopping mall of this case.

the debtor specifically knew or specifically aware that the debtor had sold counterfeit goods of this case.

It is not enough to prove that there was evidence.

Therefore, the obligor did not assist the seller in the infringement of the trademark right of this case.

In addition, the measures such as the obligees' claims are professional ability to determine the infringement of trademark rights.

not only requires the operator of an open market to take measures outside the scope of capacity, such as the debtor.

In addition, trademark protection costs to be borne by trademark rights holders are unfair to open market operators.

It is also unfair in that it imposes excessive restrictions on open market operation.

3. Review of the shopping mall of this case

(a) Type of operation;

【Entry of supporting materials in No. 2 and the purport of the whole examination】

Since the shopping mall of this case is operated in the form of open market, the debtor and the seller.

The transactions of goods and services (hereinafter referred to as "goods") shall be made through the Internet.

offering services, such as the electronic transaction system, and in return, providing services to the seller; and

Fees, and specifically, whether the individual seller's goods are registered, the terms and conditions of sales or the sales price, etc.

corporation shall not be involved in such transaction.

In other words, anyone who intends to sell goods in the shopping mall of this case shall sell the shopping mall of this case.

With consent to the terms and conditions of each member, the shopping mall sales member of this case may be admitted, and such sales shall be made.

A seller who becomes a member of the shopping mall of this case shall be an independent store in the shopping mall of this case, and the name of the goods,

Goods information, such as quantity, characteristics, prices, sales conditions, inventory, delivery methods, etc., shall be registered in the shopping mall of this case.

In selling goods, the seller shall by itself determine the price, terms, etc. of the goods;

상품정보 역시 판매자상품관리 프로그램 ( ♤♤ - ▽▽▽▽ ♤ ▽▽▽ ) 을 통하여 직접 등

the debtor, except as provided for in the terms and conditions, shall not change or manage the contents at will; or

section 13 of the Terms and Conditions of Members for Sale of No. 2).

On the other hand, the debtor (i) provides the seller with services such as electronic transaction system to sell the goods.

Goods, other than those offered for use, are available for the convenience of the buyer’s desired goods

search function that can be seen as systematically classified based on type B, trademark, price, sales volume, etc.

2. To provide individual sellers with search functions through entry, etc. of names of goods

Comprehensively considering the evaluation, "the purchase satisfaction level" index shall be calculated and the seller's rating shall be determined according to the sales performance.

To provide information on the seller's credit by dividing it into " through", "An outstanding sear", "hurr", etc;

(3) In the shopping mall of this case, a buyer determines to purchase goods, information, etc. after reporting them:

If payment is made, the debtor shall enter the current status of sales in the system, details of payment, etc., and the seller shall:

The goods shall be sent to the buyer after checking the goods through the system, and the number of the door-to-door carriage invoice, the number of the goods shall be

A debtor may confirm the entry of head, etc. into the system through a seller's product management program.

shall notify the debtor of the receipt of the goods by the buyer, and the debtor shall be

If a buyer delivered confirms the purchase, the debtor shall transfer the purchase price to the seller before the others.

The risk that may arise in the nature of the self-transaction, i.e., the buyer's goods posted on the website;

the product information registered and actual goods are not in conformity with the determination of the purchase, depending on

the goods are not subject to the risk of being able to receive or receive defective goods, and the payment therefor;

If he/she is aware of the examination, and the seller also sends the goods on credit, he/she shall pay the amount later.

of this section, such as preventing the risk of being in danger, and ensuring the safety of transaction;

In the process of product transactions in a dry shopping mall, certain parts of them are involved.

However, according to the terms and conditions of the shopping mall sales member of this case, the risks until the buyer receives the goods.

Section B. Section B shall be borne by the seller and between the seller, buyer, transportation company, etc. in connection with the transportation of goods

If a dispute occurs, the dispute shall be resolved between the parties concerned, and the debtor shall participate in the dispute.

section 2 provides that no liability shall be borne for that section (the second action).

The provisions of Articles 17 (6) and 37 (1) of the Terms and Conditions of Members for Sale of Certificate Certificate, and the debtor's transaction of goods against the seller.

state that it does not bear any responsibility for the risks that may arise.

B. Legal nature

The shopping mall of this case is a difference in the virtual place of business where goods can be traded via the Internet.

the term "B" under subparagraph 4-2 of Article 2 of the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.

applicable. Therefore, the debtor's transaction of goods or uses through the shopping mall of this case.

Conduct to conduct reverse transactions falls under the category of mail order brokerage "," and the debtor shall do so.

Pursuant to Article 20 (1) (3) of the Act, a debt shall be limited to a mail order broker under the same Act.

A mail order broker, such as the person, is not liable to the buyer for sales of goods.

the buyer shall be liable to the buyer for the sale of goods if the notice is given in advance.

D. The debtor generally notifies the buyer of the above fact in advance.

Therefore, barring any special circumstance, the debtor is liable to the buyer for the transaction of goods.

shall not take place.

In general, brokerage means a legal act between the parties in the middle of the Parties.

The term " factual act that makes efforts to establish" refers to a factual act that makes it possible to establish a cyber-mall.

(2) The act of allowing the mail order distributor and the buyer to engage in the transaction shall be

The fact that it is difficult to be included in the belief, the registration and sale conditions of the product information, and the selling price as seen earlier.

(1) The seller shall be determined entirely by the seller, and the debtor shall not participate in such determination, as seen earlier.

Generally, the debtor is liable to the seller and the buyer for the transaction of goods.

A mail order broker who has permitted the use of a cyber mall as the debtor in light of the fact that it does not exist.

It is difficult to see that general brokers, such as real estate brokers, commercial brokers, etc., and their nature are the same.

On the other hand, the shopping mall of this case uses the Internet communication network to sell information to users.

In that regard, Article 2 (1) and (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is provided.

heading 4) The phrase "information and communications services" set forth in subparagraph 3 Item 5 of the same paragraph and the debtor constitutes "information and communications services"

A new service provider is also applicable to “new service provider.”

C. Economic nature

As seen earlier, the open market like the shopping mall of this case is selling goods through the Internet.

the virtual place of business, i.e., advertising and marketing goods by individual sellers on the Internet;

General markets (the so-called offline market) and oil in that it is a space available for sale.

As such, open market operators have the character of market operators.

On the other hand, the open market between the seller and the buyer within its own business space on the Internet.

The operation of an open market in that it plays a role to help transactions and facilitates transactions.

Any person has the nature as a broker.

However, in the case of open market such as the shopping mall of this case, its operator is in the Internet space.

Only the electronic transaction system shall be provided, and the registration, management, advertisement, etc. of goods shall be independently decided by the seller.

and transactions between the seller and the buyer, as well as to assist the buyer to conduct transactions.

The role of promoting is also possible as a market operator, and the operator shall purchase subscription, pay, etc.

Part of the participation is to prevent risks arising from the characteristics of the electronic transaction.

In light of the fact that they are not actively involved in sexual intercourse, etc., the show of this case

Open Market operators, such as doping, are basically engaged in the status and care of the general market operators.

(g) the Corporation.

D. Main contents of the terms and conditions of sales of the shopping mall in this case

Article 6 (Avoidance of Guarantee)

The corporation shall sell in connection with the transaction between the buyer and the seller through the system provided by the corporation; or

existence and authenticity of the intent of purchase, quality, completeness, stability, legality and non-infringed on the rights of others;

The authenticity or legality of any information entered by the buyer or seller and any data posted on the linked URL through such information.

all risks and responsibilities relating thereto shall be borne exclusively by the member concerned.

(c)

Article 9 (Change and Protection of Personal Information)

1. A member shall not provide false information when he/she applies for use, and if there is any change in the matters stated, immediately;

The change shall be revised to the latest information (proviso omitted)

2. The damage of a member or any other person caused by any modified information shall be fully borne by the member concerned;

corporation is not liable for this.

3. The Company shall use the information provided by its members for a service contract for any purpose other than the purpose of operating its services.

B. It does not provide it to a third party without the consent of the user, except in the following cases:

1) allow the use of membership information and the provision of information to third parties under laws and regulations;

2) the minimum member information necessary for delivery service is known.

3) Where the consent of the user was sought in accordance with the terms and conditions and policies of the company.

Article 11 (Term of Contract and Termination of Contract for Use)

2. Termination of the company;

1) The Company may terminate the service contract if any of the following events occurs or is confirmed:

(1) The rights, honor, credit or other legitimate interests of other members or persons, or the Acts and subordinate statutes of the Republic of Korea or public imposts.

Where he/she commits an act contrary to good morals;

3. If any of the following events occurs to a party, the other party shall give notice of the termination without a separate peremptory notice:

I may terminate the contract of use by contract of use.

4) A company suffered tangible or intangible loss due to a reason attributable to a selling member, such as violation of relevant statutes, etc.

G. M. L. L.W.

Article 12 (Services to Provide Electronic Commerce System (Scopies)

1. The Company may sell goods in various forms from sales members, through the provision of an electronic commerce system (a platform).

I assist I.

2. The Company, in order to promote the sale of goods registered by the seller, shall operate portal, price-free sites, and stuffs at home and abroad;

In case of a discount event, etc., registered goods may be exposed to the site, etc. and at a discounted price.

in this chapter.

Article 13 (Sales Activities of Sales Members)

1. The sale of goods and services in the stuff shall be possible at the same time as the registration of a sales member is completed, and for this purpose, a sales member;

은 상품 및 용역에 관한 정보를 ♤♤을 통하여 직접 등록 , 관리하여야 합니다 . 이때 상품 및 용역의 판

The price shall be determined by the selling member on his/her own, taking into account the standard margin, delivery charges, service charges, etc.

4. With respect to the sale of goods and services in the stuff, such as the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.

I shall comply with the requirements required by Acts and subordinate statutes.

5. The selling member may not use the trade name, log, etc. of the company without prior approval from the company.

7.The selling member shall provide guarantee services for the sold goods and services at his/her own responsibility and cost.

Article 14 (Service Charges)

1. Service charges shall be paid in return for members to use and sell services provided by the E-Commerce platform.

The amount to be paid by the selling member to the company shall mean the amount to be paid by the selling member, and the basic fee for use (standard rate) and the mutual aid money from the selling member

F.C. (Calculation and addition of discount coupons, etc. for sales members) respectively;

If a refund is made, the sales member's mutual aid fee shall be zero won.

Article 15 (Delivery of Goods)

1. If the settlement following the buyer’s order is completed, measures shall be taken to enable the seller to verify information on the order;

and the sales member shall deliver it in accordance with the information on the order.

4. An error, etc. in the delivery area, which is not sent by a selling member within the period specified in the preceding paragraph or which is not caused by a buyer's fault;

if the buyer fails to receive the goods normally due to the failure of the buyer to receive the goods, the seller shall bear all his/her responsibility.

I, as soon as possible.

Article 17 (Duty of Seller to Enter Delivery Information and Obligation to Process Disputes)

1 . 판매회원은 상품을 물류대행업체에 배송 위탁한 후 , 즉시 ♤♤에 상품 발송과 관련된 데이터를 입력하여

I certify that dispatch has been completed.

4. A seller at the time of delivery of goods may deliver the delivery system in his/her own way of delivery, but the delivery is certified or delivered;

I present documentary evidence of the dispatch of goods, if it is not tracking, and if it is likely to occur.

5. A selling member may establish whether to receive delivery charges for each product and that amount shall be determined at the buyer's option of settlement method.

I assume the obligation to complete the delivery procedure upon confirmation.

6. Occurrence of any defect in the course of delivering goods from a purchaser, even though the sales member accurately entered the dispatched information.

If a dispute is brought to arise, the seller shall, under his/her responsibility, identify the cause of the defect, and settle the dispute.

I, as soon as possible.

Article 20 (Settlement of Sales Proceeds)

1. The settlement of the sales of goods shall be based on basic usage fees (standard margin), discount coupons with the sales members, etc. from the sales price of the goods;

shall be calculated on the basis of an amount, other than subparagraph (1), and the selling member shall pay basic usage fees (standard rate), delivery charges, service charges, etc.

The sales price of the goods may be freely determined in consideration of Section B.

Article 30 (Concurrent Goods for Sale and Purchase)

1.The sale of any of the following non-conforming goods shall be prohibited, and all responsibilities for the sale of non-conforming goods shall be limited to the sale:

The sales member who has registered noncompliant goods shall bear the burden.

2) Goods that infringe on another person’s rights, such as intellectual property rights (trademarks, copyrights, etc.)

2. If the Company finds a non-tradeable product, it shall, without prior notice, delete the advertisement of the product or suspend the sale of the product.

The transaction may be cancelled if the product in question has been sold at any time.

3. The Company may suspend or withdraw the membership of the selling member who has registered non-conforming goods, and shall not be incorporated into trade.

The loss incurred by the product may be claimed to the relevant selling member.

Article 32 (Prohibited Acts)

8. Prohibition of manufacture, brand, or origin violation registration;

(1) A seller is obligated to accurately state his/her manufacture, brand, and origin when registering a product, and violates this obligation.

It may be punished by violating the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.

(2) accurate manufacturer, brand, product without indicating the country of origin, or false information for the purpose of exposure or search.

In the case of input goods, the registration of the goods is refused or registered as a limited good, and the deduction of credit points, the deletion of the goods, the plate;

Personal services, such as suspension of ID, may be applied.

10. Prohibition of Trademark Infringement

(1) When using another person's trademark or log, the sales member shall obtain prior permission for use from the right holder in writing.

The following cases include unfair competition prevention and use of another person's registered trademark without permission.

Unfair competition under the Unfair Competition Prevention and Trade Secret Protection Act (Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act)

I would be prohibited from using the trademark when there is a possession of trademark infringement.

A. The phrase “Style,” “Style,” “sty” or “syst,” or “syst,” or “syst,” or “syst,” or “syst,” is used.

(b) Where part of the name of the famous good is deleted and used;

2. The Company shall prohibit the sale of any goods of another person (i.e., any individual or company) which has already used the trademark owned by another person without permission.

§ 50(1)(3)(1) of this title, regardless of whether or not any prior notice has been given

I cannot make it impossible.

(a)when the description or detailed description of the registered good contains words, such as Class A, Class A, Class A, SA, and Section A, in the name of the registered good;

In the event that a well-known trademark has been stolen without permission in title, keyboard, product description, the registration of the good concerned shall be refused or

Personal effects, such as credit score deduction, elimination of goods, suspension of seller's ID, shall apply to limited goods, and the basic service charges shall be applied.

Neither refund nor refund additional service charges shall be made.

Article 36 (Confidentiality)

1. Each Party shall, except as legally required, obtain from the other Party a list of its members, technical information, production and information obtained from the other Party.

No information managed as confidential, such as sales plans, know-hows, etc. shall be divulged to a third party, and such information shall not be disclosed under the contract.

It shall not be used for any purpose other than the act.

Article 37 (Exemption of Company)

1. The Company only provides a transaction system based on the Don Don, and determines the goods, services, etc. registered by the selling members;

or in the event of a dispute with the buyer, the company shall not intervene in the dispute and the determination of the dispute.

All responsibilities due to the division shall be borne by the selling member (hereinafter referred to as the “displacement”).

2. The company shall delete or modify information on the goods, services, etc. concerned, if a legitimate right holder requests such deletion or correction.

and the selling member shall be entitled to claim damages from the company.

4. Whether an obligor's liability for aiding and abetting an act of infringement of trademark rights exists;

A. The meaning of aiding and abetting a tort under Article 760(3) of the Civil Act

section 760(3) of the Civil Code refers to all direct and indirect assistance that facilitates a tort.

a person who is obligated to act as well as by commission, as it refers to an act;

Action by a tortfeasor due to an omission that does not take various measures to prevent;

(b) negligence for the purpose of compensating for damage, unlike the criminal law, includes the case where it is easy to do so.

As a matter of principle, the interpretation of the Civil Act that is the same as the intentional act is aiding and abetting the illegal act by negligence.

It is possible to do so, and the content of the negligence in this case shall not assist the illegal act.

It refers to the breach of this duty under the premise that the person has a duty of care (Supreme Court Decision 23 December 23, 1998).

Supreme Court Decision 98Da31264 Decided June 14, 2007, Supreme Court Decision 2006Da78336 Decided June 14, 2007, etc.

B. Whether an obligor’s legal duty to act exists to prevent infringement of trademark rights

The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and prescribed information and communications by the debtor;

As seen earlier, and Article 44(2) of the same Act provides that "information and communications documents" shall be construed as "information and communications documents"

The S provider shall not distribute information under paragraph (1) on the information and communications network it operates and manages.

Section 1 of the same Article provides that "the user shall not be subject to any violation of privacy" and "the user shall not be subject to any violation of privacy"

information infringing another person's rights, such as defamation, does not distribute such information to the information and communications network.

C. Information, unlike paragraph 2 of Article 44 of the same Act, has been provided for by section 44, paragraph 1 of the same Article.

Efforts shall not be made to ensure that no distribution is made, except as otherwise provided.

in light of the fact that "the information and communications service provider" is defined as "the law of the provider of information and communications services."

It does not impose a duty on the provider of information and communications services, but infringes upon the privacy of the provider; or

Urging to endeavor not to distribute information that infringes upon another person's rights, such as defamation.

It is reasonable to view it as a declared provision.

even if Article 44(2) of the same Act infringes upon the privacy of the provider of information and communications services or honorary

Legal obligations to make efforts to prevent information that infringes on the rights of others, such as descendants, from being distributed.

Even if the purpose of Article 1 of the same Act is to promote the use of information and communications networks, Article 1 of the same Act

The protection of personal information of persons using information and communications services as well as sound information and communications networks

It is necessary to improve the people's lives and promote public welfare by creating an environment for safe use.

section 44-7 of the Act provides that "the purpose of this section is to prescribe", and such other

illegal information that infringes upon the rights of persons shall constitute an obscene code, text, sound, image

information with a content distributed, sold, leased, or openly displayed video, or a person that defames a person;

for the purpose of public disclosure of facts or false information, and thereby undermining the reputation of others;

During codes, language, sound, image, or picture that arouses information, fear, or apprehensions;

information, without good cause, that the other party has to reach an information system;

The content that damages, destroys, alters, forges, or interferes with the operation of data, programs, etc.

Information, etc., and Article 44 (2) and (1) of the same Act shall be construed as "influence or honor of privacy"

Information that infringes on another person's rights, such as damage, thereby infringing on fishing law.

limited to the right to privacy or honor of others and similar personality rights.

The term "as defined in Article 44 (2) and (1) of the same Act" in full view of the fact that the expression is used, etc.

The term "right of others" means the right to privacy or honor and similar personality rights,

This is interpreted as not including property rights such as trademark rights.

Therefore, Article 44 (2) of the same Act applies to the provider of information and communications services such as the debtor.

It cannot be deemed that the duty to act is imposed to actively prevent the infringement;

On the other hand, there is no legal basis to acknowledge that the obligor is liable to act as such;

The responsibility for aiding and abetting is not recognized under the premise that the person has a legal obligation to act.

In addition, property rights such as trademark rights in the "other person's rights" under Article 44 (2) of the same Act.

Also, this section does not contain any information infringing upon another person’s rights.

information that infringes upon the rights of others is not distributed, unless the information is provided as such.

In light of the fact that "an endeavor must be made to prevent infringement of trademark rights", the infringement of trademark rights shall be prevented.

obligations owed by the debtor for the purpose of the

· It is reasonable to see that the level of specific duty to prevent is the level, and the debtor is as follows:

As the obligor does not violate the individual and specific prevention obligations, the obligor's liability for aiding and abetting is ultimately the obligor.

is not recognized.

C. Whether a contractual duty to prevent infringement of trademark rights exists

For the protection of trademark rights of this case between the obligees and debtors, trademark infringement

There is no evidence to acknowledge the existence of a contract that imposes a duty to prevent action, as seen earlier.

The terms and conditions of sales member of the shopping mall of this case are entered between the debtor and the sales member of the shopping mall of this case.

In addition, the contents of the terms and conditions infringe on trademark rights by the selling member in violation of the terms and conditions

If the goods are sold, the debtor may impose a sanction against the goods.

Since a person does not accept the duty to protect trademark rights, the terms and conditions of sales member of the shopping mall in this case.

This obligor cannot be the basis for imposing obligations to prevent infringement of trademark rights on the part of the obligor.

The responsibility for aiding and abetting is not recognized under the premise of the contractual obligation to act.

(d) the intention of a commission to prevent the infringement of trademark rights in advance as a general and comprehensive manner;

Existence

(1) Whether a general and comprehensive precautionary duty exists

(1) The shopping mall in this case is distributed and exchanged for illegal reproduction or video files.

Unlike the so-called P2P business model, the main purpose is to trade general goods and services.

(2) open to the public, and (3) open to the public.

Market itself naturally appeared according to the changing times, such as the development of Internet and goods delivery means, etc.

as a seller compared to the off-line market, the goods are not at the cost of opening a store, etc.

the buyer may sell, and the buyer may, without the need to recover directly in the market, purchase any good that he/she wants to do.

(3) Operation of open market such as the debtor is operated in the same form as the debtor.

person shall be the Act on the Consumer Protection in Electronic Commerce, Etc. and a prescribed mail order broker.

The nature of the open market is similar to the general market of offline, and its operators are general.

not actively involved in the transaction of goods, unlike the broker, the debtor and the

The open market operator is not a broker but an operator of the open market with a strong character as a market operator.

direct contracts between the parties due to the nature of non-face-to-face transactions using the Internet;

It is difficult to decide, and as a buyer, a registration is not made without directly checking the transaction partner and the goods.

of the other party's credit condition, true transaction, because the transaction depends only on the product information.

It is not known whether there is a product, the identity of the product, the existence of defects, etc., and the seller also sells credit as a seller.

The debtor bears the risk of the payment of the price, such as the conclusion of the contract and the settlement of the price.

participation in the transaction is to ensure the safety of the transaction by removing such risks; 5

The open market shall purchase and sell the authentic goods from the trademark right holder or the trademark licensee.

A business operator who intends to sell it, concurrent importers, or authentic goods after purchasing them and making it unnecessary to sell them.

not only there is a seller such as the person but also the transaction of used goods;

6. Distribution of counterfeit goods is an open market such as the shopping mall of this case as well as an open market.

The fact that it is generated and not due to the unique characteristics of the open market, 7 registered

The product information alone is not sufficient to confirm whether the good is a forged good; and

In the case of counterfeit goods manufactured, the open market operator shall confirm the fact even if the goods are actual.

It is not easy, 8 Open Market is in essence a free transaction between sellers and buyers.

Since it is a structure, the operator shall make daily information in advance about the goods that the seller intends to register.

The existence of open market is a free and simple transaction via the Internet.

(9) daily confirmation of a newly registered large volume of goods

It is practically impossible to verify whether a product bearing a particular trademark is a forged product.

nearest, ① even if possible, products traded through the shopping mall of this case.

A large number of items is to reach about 30 million items, and most of them are normal goods.

In order to prevent the distribution of counterfeit goods in advance, the information about the goods by the debtor shall be

Before being registered in the shopping mall of this case, it is reviewed or confirmed whether the product is authentic or not.

Part If this would result in an increase in the transaction cost, and the increased transaction cost will eventually result in the increased transaction cost.

The shopping mall of this case is transferred to the parties to the transaction of the shopping mall of this case, which is the cost of protecting trademark rights.

the transaction of another product that is not related to the trademark right of such other product.

as well as unfair and unfair as to the distribution of counterfeit goods, such as the debtor and the debtor

In addition, if the operator of the Open Market fully bears the burden, the normal operation of the Open Market itself.

In light of the fact that there is a risk to make it difficult to do so, whether or not the debtor is authentic to the goods

Comprehensive and Full Preliminary Inspection, Regular Monitoring (mitling), Comprehensive and Preliminary Inspection as to whether counterfeit goods are registered;

The registration of counterfeit goods through automatic search (filing), and strict identification7 for sellers

An active group that can prevent trademark infringement in advance, such as general and comprehensive prevention;

It is difficult to see that there is a duty to act in accordance with the cooking.

Therefore, the liability for aiding and abetting that is premised on the obligor’s duty to act is not recognized.

of this section.

(2) Judgment on the obligees' assertion

( 가 ) 채권자들은 , ☆☆☆☆☆와 같은 다른 오픈마켓에서는 판매자들이 상품정보

(1) Before filing for registration, the details of the registration through the analysis of the goods provided and seller behavior;

Since affirmative action such as confirming whether it is related to the debtor, such action is taken against the debtor.

Although asserting that there was an obligation to do so, as seen earlier, the obligor is entitled to have prior infringement of trademark rights.

in light of the fact that the duty to act to prevent general and comprehensive action is not recognized;

Whether an open market is implemented or not shall be determined by each open market according to its business policies.

such a measure is to prevent the transaction of counterfeit goods in an open market.

The phrase “the more effective” is not different.

(B) On the other hand, the obligees are the seller's persons as one of the general and comprehensive precautionary obligations.

It asserts that there is a duty to post appropriate information.

The term "through" in Article 20 (4) of the Act on the Consumer Protection in the Electronic Commerce, Etc.

A new sales broker may inspect information on the identity of the business operator who requested the brokerage of mail order.

(1) The method shall be provided to the consumer, and the person who requested the brokerage of mail order shall not be the business operator.

In the case of matters prescribed by Presidential Decree, such as address and telephone number, subject to mail order brokerage

providing a way to allow the parties to the transaction to access information on the other party.

of the seller, however, the purpose of the legislation is to protect the seller's counter-party.

It is for the protection of the parties to the transaction, and the contents thereof contain information about the trading partner.

The provision of a method capable of sighting shall be made to the necessary extent by the parties to the transaction.

information on the identity of the other party is sufficient to provide the other party with a method of acquiring information on the identity of the other party.

No legal provision can be a basis for recognizing the debtor's liability as asserted by the obligees.

(B) The debtor has access to information on the identity of the seller to the buyer pursuant to the above statutory provisions.

of the seller's identity information shall also be protected.

the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the relevant low-priced motor vehicle

to make such disclosure to a person who has no transactional relationship with the seller; or

Therefore, the obligees' assertion is without merit in this respect.

(C) In addition, creditors may distribute counterfeit goods of this case in the shopping mall of this case by the debtor.

Since it is much more effective to regulate that it is, the general and comprehensive prior prevention of the debtor.

I asserts to the effect that there is no reason.

In this case, the debtor who is merely the shopping mall operator of the shopping mall of this case shall report the registered product information.

It appears not to be easy to confirm whether a good is a forged good, and the instant case

In light of the kinds and quantities of goods traded in shopping malls, the debtor shall make daily payments for each individual product.

In light of the fact that it is substantially impossible to confirm the shopping of this case, the debtor is the shopping of this case.

Sub-paragraph (1) of this case, the obligees have control over the circulation of the forged product of this case

It is difficult to conclude that it is more efficient than regulating the distribution of products, and even if the debtor maintains control,

the obligor's assertion solely because such circumstance alone is more efficient.

such general and comprehensive pre-determination obligations may not be deemed to arise. Accordingly, no such obligation shall be deemed to exist.

The argument of the right holder is without merit.

E. Obligation to act after the fact that the infringement of trademark rights should be individually and specifically prevented

existence or absence

(1) Whether individual and specific ex post facto obligations exist

Since the debtor operates and manages the shopping mall of this case, forgery is made through the shopping mall of this case.

Appropriate measures, such as the prohibition of sale of counterfeit goods, where the transaction of goods has been discovered;

(b) the fact that the open market has the authority to take action, and is relatively next to the open market in comparison with the open market.

Since the reputation is high, it is easy to distribute counterfeit products that infringe trademark rights, and the debtor is forged.

Economic benefits from the transaction of counterfeit goods by receiving service charges also for the transaction of goods;

in the civil law, a person generally participates in or acquires a tort under the civil law.

In full view of the fact that the obligor bears the duty of care not to cooperate, the obligor is the trademark right holder.

obligations, as well as obligations required to delete and prohibit specific and individual counterfeit goods;

In the shopping mall of this case even if the holder of the trademark right does not receive a direct demand from the holder of the trademark right.

the distribution of that forged good is specifically aware of the distribution, or the distribution of that forged good.

If it is clearly apparent that it could be recognized, technical and economic causes to the debtor.

to the extent possible by the seller, through the shopping mall of this case, the seller is no longer entitled to do so.

It is recognized that there is a duty to take measures to prevent sale.

(2) Specific details of individual and specific prevention obligations

A) Details of the debtor's obligations

① As seen earlier, the type of operation of the shopping mall of this case and the legal and economic nature of the obligor

Nature, ② the existence of a general and comprehensive precautionary obligation, and ③ copyright

Articles 102 and 103 of the Act, and documents related to the reproduction and transmission of works, etc. by an online service provider

by means of reproduction and transmission of another person’s works, etc. in connection with the provision of a visa;

Reproduction in question with the knowledge that copyright and other rights protected under the Copyright Act are infringed.

· In the case of preventing or suspending transmission, copyright and other copyrighted works by another person

on-line service provider's liability for infringement of rights protected pursuant to this Act may be reduced or exempted.

copyright according to the reproduction and transmission of copyrighted works, etc. using the services of online service providers;

Any other person who asserts that his/her rights protected under the Copyright Act are infringed (a claimant to a right)

at the time of the suspension of reproduction or transmission of the work, etc. to the online service provider by proving that fact;

An online service provider may demand compliance, and at this time, an online service provider shall immediately reproduce and transfer the work, etc.

A person who suspends transmission and copies and transmits the relevant works, etc. and a claimant for right to such facts;

shall be notified and the reproduction and transmission of which is notified shall be subject to the legitimate right of the reproducer and transmitter.

In the event that the reproduction or the resumption of transmission is requested by proving that the reproduction or transmission has been made, the online service provider

notify the claimant to the right of the summary and the scheduled date of resumption without delay, and reproduction at the scheduled date; and

on the other hand, Article 104 of the same Act provides that the transmission shall be resumed, while Article 104 of the same Act provides that

the primary purpose of enabling the transmission of works, etc. by means of computers between them is to:

an online service provider shall, upon the request of the holder of the right, unlawfully transmit the relevant work, etc.

to take necessary measures, such as technical measures that block such action, in general,

use computers between other persons, such as duties of a service provider and a P2P operator;

obligations of an online service provider whose primary purpose is to transmit such works, etc.;

(4) The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

44-2 Private life by information provided through an information and communications network for the purpose of disclosure to the public.

Where the rights of another person are infringed, such as infringement or defamation, the infringing person shall take such information.

Details of deletion or rebuttal of information by clearly explaining the fact of infringement to the providers of information and communications services;

provider of information and communications services may request publication of such information, and in such cases, the provider of information and communications services shall delete such information.

If requested, necessary measures, such as deletion and temporary measures, shall be taken without delay, and immediately file an applicant and information center;

The provider of information and communications services shall inform the re-appellant of the fact that it has taken necessary measures in such cases.

A user shall be informed by means of public disclosure, etc. on the bulletin board of the party, and information shall be provided: Provided, That information shall be

In spite of the request for deletion of such information, the telecommunications service provider shall determine whether the right has been infringed.

(2) If it is difficult or interested parties are expected to be in dispute, access to the information

The measure of temporary blocking may be taken for a period not exceeding 30 days.

Comprehensively taking account of the fact that the shopping mall of this case is confirmed as ① a debtor who operates the shopping mall of this case

Goods shall be immediately deleted from the list of goods and prohibited from selling them, and 2. Vindication by the holder of the trademark right

The possibility of infringement of trademark rights by being specifically notified of counterfeit goods, together with charges;

In respect of goods which may be specifically recognized, the sale of such goods shall be temporarily suspended, and the sale thereof shall be suspended;

shall require each person to vindicate within a given period whether the good is authentic, and the good shall be so verified.

If it is confirmed that the good is or the seller refuses to vindicate, the sale of the good shall be prohibited.

(3) a seller of a product identified as a forged product and a good;

For a seller who has refused to vindicate the authenticity, ① For the goods to be sold in the future:

goods to clarify the authenticity of the goods before the registration or to use the trademark right in question, or

B. Prohibition of sale of the product to which the product belongs, or B.O. by separately managing the seller.

For a good to be sold, a regular surveillance shall be made as to whether it is a forged good; or

The seller of this case, such as deletion of the seller's account and prohibition of repurchase for a certain period of time, etc.

There is an obligation to actively take measures to prevent the continued infringement of trademark rights through doping.

This recognition.

(B) Whether there is a seller's identity information and a duty to provide sales information

On the other hand, the obligees' identity information as the seller in addition to the above obligations as the obligor.

And this argument argues that creditors are obliged to provide sales information.

However, subparagraph 6 of Article 2 and subparagraph 2 of Article 23 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Paragraph of this Article, Articles 24, 24-2, 27-2 (2) 2, 44-6, subparagraph 3 of Article 71 and the time under the same Act

Enforcement Decree Article 12, subparagraph 7 of Article 2 of the Use and Protection of Credit Information Act, Article 34, and Article 35 of the Use and Protection of Credit Information Act

Comprehensively taking account of relevant regulations, the provider of information and communications services provides a third party with personal information of the user.

Article 24 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which is necessary for the use thereof.

2 The consent is not a general and comprehensive consent in light of its purpose of legislation, but a specific and individual consent.

With the consent of the seller, the identity information of the seller claiming that the obligees are liable to provide is the same.

Since such a seller's personal information constitutes personal information prescribed by law, the seller's legal seller's personal information

the debtor may provide to creditors only if he/she has consented individually and individually.

that may be provided at will or with the general and comprehensive consent of the person

Nar shall be recognized.

In addition, subparagraphs 2 and 7 of Article 2 and Article 32(1) of the Use and Protection of Credit Information Act

· Comprehensively taking into account the relevant provisions such as paragraphs 4, 33, 35, 36, 37, and 50(1)4:

Consent under Article 32 (1) of the same Act as may be necessary to provide personal credit information to another person.

In light of its purpose of legislation, it shall be interpreted with specific and individual consent, not with general and comprehensive consent.

(2) If the creditors claim that they are liable to provide, the sale information of the seller shall be

Since such personal credit information of a seller constitutes personal credit information, the seller’s legal seller is specific; and

The debtor is entitled to provide to the creditors only if the debtor consents individually.

It is not that it can be provided at will or with general and comprehensive consent in advance.

Recognized.

Therefore, the obligees' assertion is without merit under different premise.

F. Whether a debtor breached his/her individual and specific duty to prevent infringement of trademark rights

whether or not

(1) Vindication

(Evidence) Facts without dispute, each entry in the certificate of No. 2 to 7 (No. 1)

(2) The purpose of the whole examination

(A) As seen earlier, the debtor is entitled to sell the shopping mall of this case under the terms and conditions of the sales member.

No goods infringing trademark rights shall be sold at the time of the sale, and where a seller violates this, the debtor shall do so.

The advertisement of a product shall be deleted, shall cease the sale, and shall suspend or withdraw the membership of the selling member.

In the shopping mall of this case, a trademark infringement product is marked to a selling member by clarifying that it is possible to do so.

obligations are not imposed, and such obligations are not imposed.

(B) The reporting system operated by the debtor is an infringement of intellectual property rights or an illegal seller.

A legitimate right holder, such as a trademark right holder, etc., shall have his/her own right on the debtor.

a declaration of infringement to the effect that a good is being sold and that it is a legitimate holder.

on the basis of the documents submitted by the reporting right holder if the evidence on the issue is presented

as to whether the seller infringes upon the right of the person having the right to report, and the seller

24 hours after notifying the seller of the fact of the report, and the seller has filed a defense against it within 24 hours;

If the seller’s defense is deemed to be justifiable after confirming the matters modified and defense materials, this shall apply.

of the seller, the inseminator or defense materials of the seller are insufficient or the seller shall be notified to the person entitled to report.

If no defense is made, the sale of the good shall be suspended, and the seller shall report the infringement.

In the event that notice is given three times, a measure to suspend the seller's account is taken, and the debtor is the debtor.

the owner of a trademark right, if there is a specific report on the infringement of rights by the owner of the trademark right

품의 판매를 제한하고 판매자에게 제재를 가하여 왔다 ( 특히 채무자는 채권자 ●●●●

at the request of a corporation, only one report on infringement of rights by this creditor shall be sold.

It was intended to suspend the account of the person).

다 ) 한편 , 채무자는 ▷▷▷▷▷▷▷▷▷▷▷▷ ) 도 운영하는데 , 이 프로그램은

A holder of a trademark right who is a member of the program is sold in the shopping mall of this case to the debtor.

the obligor shall give priority to the declaration that the good is a forged good that infringes on its rights.

temporary suspension of the sale of a good, and notification to the seller of such declaration, to that effect.

to explain within 3 business days, and to review if the seller submits explanatory materials;

A trademark by the seller as a result of the examination of explanatory materials shall also be notified of the facts and details of the vindication on trademark rights.

(1) cancel temporary restrictions, if it is determined that such restrictions have not infringed on the rights of the

the seller does not confirm that he has sold counterfeit goods or explain details thereof;

by striking the accounts of the seller and permanently limit the seller's sales activities, and the result thereof.

Procedures to be notified to the owner of a trademark right [the so-called "public notice and take-over principle" shall be applied.

[ seems to have been made] The debtor is a specific trademark from the trademark right holder who has joined the program.

Upon receipt of the notice of infringement of rights, the sale of the product in question shall be suspended and the seller shall cease to sell the product

measures have been taken, such as deletion of the account.

( 라 ) 채권자 ●●●● 주식회사도 2009 . 3 . 10 . 경부터 이 프로그램에 가입한 뒤

Pursuant to the procedures set out in the program, the presumption of forgery of this case is sought from the debtor several times.

Due to the procedures set out in the program, the debtor has been also notified of the fact and the corresponding provisions.

The measures have been taken.

E) If the obligor imposes a restriction on sales due to the infringement of the trademark right, etc., the obligor:

Other accounts issued under the name of the seller and the sales system also for such accounts

has imposed a measure.

바 ) 채무자는 2007 . 3 . 5 . 경부터 이 사건 쇼핑몰의 판매자관리프로그램 ( ♤♤ )

A variety of competitions on the prohibition, etc. of sale of trademark infringement products so that sellers may have awareness;

An ancient or map announcement has been posted in the form of pop-up business.

G) Furthermore, the debtor aggregatings sales deemed to be abnormal trading by type;

shall calculate the data and verify whether there is a transaction in violation of the law through regular surveillance by type (Monitoring).

(C) with respect to any transaction in violation of laws, the data shall be analyzed to determine whether such transaction is suspected of any abnormal transaction.

the following classification: For verified violation transactions, sanctions by type, such as restrictions on sales, shall be imposed:

or the post management system to prevent the repetition of the transactions in violation of laws.

On the one hand, while checking and improving the logs, the full-time keeping and managing the log lists;

(Monitoring) The system is being implemented, and as a result, a considerable number of violations of the law, such as infringement of trademark rights, etc.

The detection of future has been in place.

(2) Determination

As seen earlier, the good is not by itself registered product information.

In the case of counterfeit goods which can not be verified as to whether they are counterfeit goods or not, and which are manufactured formally;

The fact that the Open Market operator is not easy to confirm even if it is real, and it is new every day, etc.

Whether a product using a specific trademark is a forged product after checking a large volume of goods recorded daily;

In full view of the fact that it is practically impossible to verify the shopping of this case, the shopping of this case can be verified.

Submers that goods that are likely to infringe or infringe on the trademark right of this case are sold.

On the sole basis, the debtor neglected his/her individual and specific duty to prevent after-the-spot intentionally or negligently.

It is difficult to see that the debtor is individually and specifically ex post facto according to the above facts of recognition.

It seems that the duty to prevent is faithfully fulfilled.

Therefore, the liability for aiding and abetting is not recognized on the premise that the debtor breached such liability.

of this section.

g. Sub-determination

Therefore, the obligees' this case under the premise that the obligor assisted the infringement of trademark rights.

The motion is not recognized as the right to be preserved, and is without reason to examine further the motion.

(c)

In addition, the application for provisional disposition is a provisional remedy procedure, and its scope is the scope of the claim of the merits lawsuit.

in the case of this case, the obligees' claims on the merits under section 65 of the Trademark Act.

The prohibition order based on such a claim can be seen as a claim for prohibition or prevention, in principle:

to order the prohibition of the infringement, i.e., omission, except that the infringement is exceptionally created.

such act may be ordered in the event of the destruction of the goods, the removal of facilities provided for the act of infringement, etc.

subsection 2 to 10 of the motion of this case by the obligees in light of the fact that the motion of this case is filed

Inasmuch as a provisional disposition exceeding the scope of the right of the Gu is sought, the right to preserve shall be recognized in itself.

(2).

Meanwhile, according to the records, when a sales member joins the shopping mall of this case, the purport of the debtor's application

Recognizing that the identity of the selling member is verified in the manner described in paragraph (2) above,

Paragraph 6 of the purport of the application when the debtor is notified of the sale of counterfeit goods by the trademark right holder.

subsection (2) and (6) of the purport of the application unless it is recognized that measures similar to those described therein are taken.

There is no need for conservation.

5. Conclusion

If so, the obligees' previous motion is withdrawn from the exchange change of the motion at the trial.

The decision of the court of first instance on this case was invalidated, and the application for provisional disposition of this case was changed to exchange in the court of appeal.

Therefore, it shall be dismissed, and it shall be so decided as per Disposition.

May 10, 2010

Judge Lee Jae-chul, Counsel for the defendant

T. T. T. T. T. T. T. T.

Judges Kim Dong-young

1) Article 44 (Protection of Rights in Information and Communications Network)

(1) No user shall distribute information that infringes on other persons' rights, such as privacy, defamation, etc. to an information and communications network.

(2) A provider of information and communications services shall endeavor to ensure that information under paragraph (1) is not distributed in the information and communications network it operates and manages.

2) The term “mail order brokerage” means a cyber mall (a virtual shopping mall established to trade goods, etc. by means of computers, etc. and information and communications facilities).

(b) The act of arranging mail orders between parties to a transaction by allowing the use thereof or by other methods prescribed by Ordinance of the Prime Minister.

of this title.

3) Article 20 (Responsibility of Mail Order Brokers)

(1) A mail order broker shall not make an agreement or make prior notification that he/she is not responsible for the sale of goods, etc.

In the case of the brokerage, it shall be the consumer by intention or negligence of the requester of the mail order in connection with the mail order concerned.

A mail order broker shall be jointly and severally liable for the damage in industry with the person who has requested the brokerage.

4) The term "information and communications services" means telecommunications services under subparagraph 7 of Article 2 of the Framework Act on Telecommunications as well as information and communications services provided or provided using such services.

depository institution.

5) The term "information and communications service provider" refers to a telecommunications business operator defined in Article 2 (1) 1 of the Telecommunications Business Act and a telecommunications business operator for profit.

A person who provides or arranges the provision of information by using telecommunications services.

6) Even if the obligees' assertion itself is based on the obligees' assertion, the obligor himself/herself commits an infringement of trademark rights, or actively commits an infringement of trademark rights by an individual seller.

Inasmuch as aiding and abetting, liability due to direct trademark infringement or establishment of aiding and abetting liability due to affirmative action should not be reviewed separately.

v. n.

7) However, since the identification of the seller is necessary for the protection of the buyer of the shopping mall of this case, the debtor also joins the sales member.

The process of verifying the identity of the seller through the authorized certificate is being followed.