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(영문) 서울고등법원 2020.10.28 2019나2033539
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

A. As the representative director of the Defendant Company directly concluded the above contract, it is reasonable to deem that not only the specific content of the trademark right agreement between the Defendant Company and E, but also the contractual and legal responsibilities that may arise when the trademark right is reusable, and this is supported by various circumstances examined below.

B) There is no specific document, such as a specific contract, made between the Plaintiff and the Defendant Company regarding the use of the D trademark rights. The only document that can verify the content of the transaction between the Plaintiff and the Defendant Company is in fact entirely entirely entirely all, which is written around June 8, 2013, and the above underwriter’s book only states that the Plaintiff may produce Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

4. In light of the following, if the instant contract between the Plaintiff and the Defendant was based on a periodical contract, such as lawful sub-lease of the right to use the trademark, if the content of the trademark agreement between E and the Defendant Company, and the fact that the use of the trademark right by the previous trademark licensee was at issue in the process of acquiring the right to use the trademark as seen earlier, it is reasonable to prepare an official contract and obtain the E’s fixed consent procedure, even though such procedure was completed, if the instant contract between the Plaintiff and the Defendant Company was subject to a lawful sub-lease of the right to use the trademark, etc.

No circumstance is found that the plaintiff's demand was made.

In particular, in the existing trademark right dispute, it seems that the third party to whom the trademark was sub-leased without permission seems to have known the fact that the third party paid a large amount of agreement to E, so the plaintiff as the plaintiff has accepted the trademark D.

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