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1. The Defendants jointly share KRW 40,521,978 to the Plaintiff and 5% per annum from April 30, 2012 to November 24, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff filed an application for trademark registration with the Korean Intellectual Property Office as to each trademark indicated in the separate sheet No. 1
(hereinafter referred to as “Plaintiff’s registered trademark”. In determining individual trademarks, the registered trademark indicated in attached Table 1(1) is indicated in the same manner as “Plaintiff 1’s registered trademark”).
Since its establishment on December 26, 1996 for the purpose of the business of manufacturing and selling sports clothes, shoess, musical instruments, and its ancillary business, the Plaintiff produced and sold a number of related trademarks, including the Plaintiff’s registered trademark, in Korea.
C. On June 18, 2009, the Plaintiff and Defendant B Co., Ltd. (the trade name before the change on December 27, 2010, hereinafter “Defendant Co., Ltd.”) concluded a “contract for acquisition by transfer, such as trademark rights, etc., with the content that the Plaintiff transfers part of the trademark rights owned by the Plaintiff to the Defendant Co., Ltd. or establishes an exclusive license as to the transfer.”
According to this contract, with respect to the Plaintiff’s registered trademark No. 1 (hereinafter “Plaintiff”) on June 23, 2009, the Plaintiff: (a) registered goods that were divided and transferred to the Defendant Company on June 23, 2009 as “No. 25: golfization, halfbane, slots, straw, straw, strings, unreshers, waterproof clothes, prings, trings, caps, caps, and leathers”; (b) the establishment and registration of exclusive use rights with respect to the Plaintiff’s registered trademark No. 21 (hereinafter “Plaintiff”) with respect to the divided designated goods “No. 25” as “No. 1, 209: on June 1, 201 to August 27, 201; and (c) the establishment registration and transfer of trademark rights with respect to the divided goods “No. 25” as “No. 1, 200, No. 25,” and the term “No. 28,” as “No. 28,”.