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(영문) 서울중앙지방법원 2008.4.29.자 2008카합881 결정
판매금지가처분
Cases

208Kahap881 Provisional Disposition for Prohibition of Sale

Applicant

M-sports Co., Ltd.

Attorney Yong-Nam et al., Counsel for the defendant-appellant

Respondent

○○ and one other

Law Firm World:

Imposition of Judgment

d.4.29

Text

1. Subject to the condition that an applicant deposits KRW 100 million (10,00,00) as a guarantee for the respondent or submits a payment guarantee consignment contract document containing the same amount as the insured amount. A. The respondent shall not use each trademark indicated in the separate sheet Nos. 2, 3, and 4 as a product listed in the separate sheet No. 5, its packaging paper, packing containers, containers, advertisements, or manufactures, sells, transfers, distributes, displays, exports, or imports any product using the above trademark.

B. The respondent shall set the possession of the above products using the above trademark, packaging paper, packing containers, advertising advertisements, and deliver them to the execution officer entrusted by the applicant.

(c) When requested by the respondent, enforcement officers shall cancel the above trademark at the expense of the respondent and return it to the respondent.

(d) The enforcement officer shall give public notice of each of the above orders and the purport of the custody in an appropriate manner.

2. The remainder of the petitioner's respondent is dismissed.

3. The costs of the lawsuit shall be borne by the respondent.

Purport of application

A decision to the same effect as the order and a decision of indirect compulsory enforcement in preparation for breach of such obligation.

Reasons

According to the records, such as the evidence Nos. 3 (Decision) and evidence Nos. 7-2 and 3 (No. 7) of wall A, the application of this case is justified within the scope recognized in Paragraph (1) of this Article, and therefore, it is deemed that the application of this case can be accepted as a condition to provide security, and the purpose of the application can be achieved through the issuance of the above provisional disposition. In addition, if the respondent violates the provisional disposition order, the respondent may seek indirect compulsory performance at a separate application, and thus, the part seeking indirect compulsory performance shall be dismissed.

Judges

The presiding judge and judge

Judge Lee Jin-ju

Judges Lee Dong- State

Site of separate sheet

A person shall be appointed.

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