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(영문) 특허법원 2020.01.07 2019나1661
상표권사용금지 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the court’s “live character business” in the 11th sentence of the judgment of the court of first instance is amended to “live clinic business”; and (b) the part determined in the 2nd sentence is the same as the reasoning of the judgment of the court of first instance, except for addition of the part determined in Article 420 of the Civil Procedure Act, thereby citing it as it is.

2. Judgment on the defendant's additional assertion

A. The defendant asserts that the support project for the establishment and operation of the hospital is not stipulated in the articles of incorporation as the purpose of the plaintiff's establishment and operation of the hospital, and it goes beyond the scope of legal capacity, and thus, there is no objective intention to use each of the registered service marks of this case. The contract of this case also

In contrast, the corporation's ability to exercise rights is limited by the law on which the establishment is based and the purpose of its articles of incorporation, but acts within the scope of its purpose does not limit to the purpose itself as specified in articles of incorporation, but include all acts directly or indirectly necessary for the achievement of its purpose, and whether it is necessary for the achievement of its purpose must be determined abstractly according to the objective nature of the

(See Supreme Court Decision 86Meu1349 delivered on September 8, 1987, etc.). In full view of Gap evidence Nos. 1-1, Eul evidence Nos. 1-1, 1, and 6, the plaintiff was established on March 6, 2008, and the purpose of the whole pleadings was as a whole an incidental business related thereto, in addition to the manufacture and sale of medical devices, medical device leasing, distribution, real estate leasing, interior fishery, advertisement agency business, advertisement agency business, etc., the plaintiff's trade name at the time of establishment, "AI company", and "the plaintiff shall perform duties outside medical services, such as legal management, labor management, public relations, marketing, tax affairs, and other duties related to the operation of hospital."

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