logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.16 2017가합54616
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff engaged in the manufacture of clothing, etc. in the name of D, around 2012, entered into a contract with E Co., Ltd. (hereinafter “E”) and the said company, using the G character design approved by F Co., Ltd. (hereinafter “F”), under which the Plaintiff was authorized to manufacture and sell the clothing from E.

B. The Plaintiff, under his trade name, requested I engaged in the clothing processing business to process stitts using the said design, supplied I with the original parts, original parts, and subsidiary materials necessary therefor (hereinafter collectively referred to as “raw materials”) by April 2012.

C. At that time, I provided the raw materials received from the Plaintiff while requesting Defendant B, who operates J, and supplied the raw materials received from the Plaintiff via K when requesting Defendant C to produce the said T-line production. D.

Defendant B completed Titts as requested by I on April 2012, and the Plaintiff sold this in Home shopping, etc.

However, as a result of the occurrence of a problem between the original design and the G character design printed on the said Twitts, F, a domestic trademark holder of the said design, requested suspension of the sale of the said design, and the production of Twitts was suspended on May 2012.

E. On April 27, 2012, Defendant C filed a complaint with Defendant C stating that “Defendant C would supply I with material and produce Titts 7,500 on the face of a week, and would not produce and supply the product even though I received delivery of a cost equivalent to KRW 15 million at the raw material market price from I, and rejected and embezzled the request from I on April 27, 2012, even if I received a request for the return of the raw material.”

However, on January 31, 2013, Defendant C was rendered a decision that he was suspected of having been sentenced to suspicion (defluence of evidence).

F. On January 6, 2017, the Plaintiff filed a complaint against I and Defendant B for embezzlement, breach of trust, etc., and the production is completed until I and Defendant B explain the suspension of sales of Titrts to I and Defendant B, and the Plaintiff pays the contract for the processing service.

arrow