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(영문) 서울중앙지방법원 2020.02.07 2018가합508743
손해배상(기)
Text

1. The Defendants jointly share KRW 15,000,000 with respect thereto to the Plaintiff and the period from November 7, 2017 to February 7, 2020.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running the cosmetic container manufacturing business. 2) Defendant C actually operates the “D” (name of business registration: manufacturing, wholesale, wholesale business) and F Co., Ltd. (established on September 11, 1997 and deemed dissolved on December 5, 201) as it was established on April 13, 201 for the purpose of carrying out the research and development of cosmetics, manufacturing, sale, trade business, etc., and actually operates the Defendant B (representative E: hereinafter, “D”, F Co., Ltd., and Defendant B, both of Defendant B and Defendant B, respectively.

B. From September 2009, the Defendants manufactured and exported the cosmetics, including “I” or “J”, to Japan through H (hereinafter “H”) from around September 1, 2009, which were manufactured and sold by the Defendants. (1) The Defendants manufactured and exported the cosmetics of marks including “G” among the products manufactured and sold by the Defendants.

B) Around that time, H’s import agent K in Japan (hereinafter “K”) for Defendant G cosmetics.

L through L (hereinafter referred to as “L”)

L is exported to M (hereinafter referred to as “M”).

(C) Defendant G Cosmetics was sold in Japan via Defendant G Cosmetics. C) L, N (N, N, N (N, hereinafter referred to as “N,”) in a special relationship with M, but at the time L’s representative, L’s children, M’s wife, Q is L’s office, and at the same time, O and Q were engaged in L’s office for the purpose of carrying on the export and import business, etc. of cosmetics and beauty art appliances. Japan was a company established on April 26, 1996, Japan, and R’s Patent Office of Japan, Japan, designated the designated goods as the designated goods as the “cosmetic, fat, fat, fat, fat, fat, fat, and fat” as the “cosmetic, fat, fat, fat, and fat-day registration number T.

(hereinafter “instant prior-use trademark”). D. Defendant G.

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