The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant imported a “D” golf club produced in the United States with the trade name “C” and sells it in an open market, such as www.co., Ltd. from June 18, 201 to March 22, 2012; (b) the victim F, the representative director of E, a stock company E, through an open market, through an open market, such as recreation, etc., registered transfer of the trademark on October 27, 2010 and registered transfer of the trademark of “D” around October 28, 2010, thereby infringing the victim’s trademark right by selling a total of 10 GIONWOD (on a left hand), and G DD’s total of 10 trademarks.

2. The defendant's assertion and judgment

1. On October 2012, 2012, the Defendant asserted that: (a) Company E produced H golf servers with its own design; (b) on the date stated in the facts charged, F did not produce products distinct from those produced in the existing U.S. DD companies using its own production equipment; and (c) on the other hand, F sold G IMONOWOD and GD server produced in the U.S. D golf companies; and (b) the Defendant’s act of selling the said G IMONOWD and G DD constitutes concurrent imports of authentic products whose illegality is denied.

2. Determination

A. In order to ensure that an act of importing goods identical or similar to the designated goods on which a trademark is attached, which is identical or similar to the trademark registered in Korea, does not constitute an infringement of the registered trademark right, (1) the trademark should have been attached to the imported goods by the trademark holder or the legitimate licensee of the foreign country; (2) the trademark holder or the legitimate licensee of the foreign country has a close relationship with the trademark holder of the foreign country in legal or economic aspects or in other circumstances, the trademark attached to the imported goods can be seen as indicating the source identical or similar to the registered trademark of the country; and (3)