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(영문) 서울중앙지방법원 2015.05.01 2014가합572364
손해배상(지)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On October 27, 1964, the Plaintiff’s main business is to combine small amount of cargo less than one container among air freight transport businesses, including multimodal transport arrangement business, air transport general agent business, export and import cargo packing business, and customs clearance business, and then to this day, the Plaintiff’s main business is to combine it with FCL by gathering small amount of cargo below one container.

(hereinafter referred to as 'Contact'). (b) The same company

On November 7, 2006, the Defendant was established with the trade name, “Samanman, Co., Ltd., Ltd.,” with the purpose of multiple air transportation business, etc., and completed registration by changing its trade name into “Seoul Air Co., Ltd.” on November 13, 2013.

C. After that, on March 1, 2014, the Defendant entered into a sales agency agreement with the Republic of Korea (GSA and the General Agency (GSA) on the part of the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea,

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 6 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The primary cause of claim: (a) since its establishment on October 27, 1964, the Plaintiff continued to engage in the business for more than 50 years with the trade name “Seoul Air Cargo”; and accordingly, the above trade name was already widely known to the domestic air transport industry as the Plaintiff’s business mark; (b) however, the Defendant, who used the trade name “Seoul Air Transportation Corporation” at first, changed his trade name into the “Seoul Air” included in the Plaintiff’s business mark without any particular reason on November 13, 2013, and continues to engage in the air transport business until now.

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