logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.07 2013가합86330
양도대금및손해배상금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,600,000,00 and Defendant A and B with respect thereto from December 19, 2013.

Reasons

1. Basic facts

A. On February 1, 2012, the Plaintiff entered into the instant transfer contract (i) the right to each trademark and service mark indicated in the separate sheet from Defendant A (hereinafter “instant trademark right, etc.”) on February 1, 2012.

(2) The transfer contract of this case (hereinafter referred to as the “transfer contract of this case”) shall be 1.7 billion won

Upon concluding the transfer contract of this case, Defendant B and C jointly and severally guaranteed the obligation to be borne by Defendant A pursuant to the transfer contract of this case (Evidence 1.2 of this case) (hereinafter “the transfer contract of this case”) if the main contents of the contract in this case (hereinafter “the transfer contract of this case”) were extracted as follows.

(However, “A” means Defendant A, “B” means the Plaintiff, respectively. Article 1 (Trademarks and Service Mark Rights subject to Transfer)

1.As of the date of the contract, the entire trademark rights and service mark rights (including the application trademark/service mark) owned by “A” shall be transferred to “B” as of the date of the contract:

2.The list of the trademark rights and service mark rights to be transferred is as follows:

[Attachment I of the Rights Registered in Annex A of the Trademark Rights and Service Mark Rights

(b)See Attached Table 2 of the Trademark Right and Service Mark A, of which the right of pledge has not been registered.

C. Since the date of the contract, all of the trademarks and service marks filed or registered prior to the date of the contract with respect to the D Marks other than the trademarks and service marks referred to in the above "A" and "B" are identified as owned by "A"

3. “A” shall state and guarantee that the trademark/service mark listed in paragraph 2(a) does not have any security right, offset, defense, etc., other than the pledge established on the subject matter of paragraph 2(a), provisional attachment (Provided, That the provisional injunction requested prior to the date of the contract shall not be included), delinquency disposition, trust, or any other cause restricting the disposition.

Article 2 (Conditions for Transfer of Rights and Payment)

1. A transfer to “B” all the trademark rights and service mark rights owned by “A” in paragraph 2 of Article 1.

arrow