(영문) 전주지방법원 2017.11.23 2016나8599 | 리걸엔진

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(영문) 전주지방법원 2017.11.23 2016나8599

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On August 3, 2002, the Defendant entered into a contract with P&A Co., Ltd. (hereinafter “P&A”) under which the Defendant entered into a contract with P&A to set the contract for new brand development services for the rice of Y at KRW 9,500,000 and the contract period from August 5, 2002 to October 3, 2002.

(hereinafter “instant service contract”). According to the instant service contract, the service that the F&P is required to perform was ① gling development for the rice of YY, ② the development of rice packaging design (Class 1 3 flusium), ③ the development of small packaging flusing design (Class 1), and the method of delivery was the delivery of 1 copy of manuals and 3 CDs.

B. Pursuant to the instant service agreement, LAW set the brand name of the “YAEAEAEN” and developed and supplied a trademark design (hereinafter “instant design”) using the phrase “YAEAEAEN” (hereinafter “SAE”) to the Defendant. The letter in the part of “YAEAE” included in the instant design was developed by the Plaintiff and used the documentary computer program file of the chain B (hereinafter “the instant letter”).

C. After doing so, the Defendant registered the design of this case using the instant publicity materials for the purpose of selling and publicizing the specialty produced within the jurisdiction of Jung-Eup, including rice, and applied for trademark, etc. in the name of the Defendant.

On January 2012, the Plaintiff notified the Defendant that “The design of this case in which the instant book was used is infringed upon the Plaintiff’s copyright while the Defendant applied for registration with the trademark, etc. for the promotional materials of this case, and applied for registration with the trademark, etc., and thus, the said act of infringement was suspended.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 5 evidence, Eul evidence 1 (including branch numbers; hereinafter the same shall apply), Gap evidence 1 video, the purport of whole pleadings

2. Determination on the cause of the claim.

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