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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
(b) An act of causing confusion with another person's goods by using marks, containers or packages of goods, or other goods identical or similar to marks indicating another person's goods, or by selling, distributing, importing, or exporting goods using such marks;
(c) In addition to the acts of causing confusion as referred to in item (a) or (b), it constitutes an act of unfair competition as referred to in item (a) or (c) by using any other person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to the mark indicating another person's goods or business, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such other person's goods, without
B. The Plaintiff, the licensee of the instant Mbs, suffered damages equivalent to KRW 3,134,316,000 in total due to the Defendants’ above unfair competitive acts.
* Loss of lost sales profit: KRW 1,649,640,00 (i.e., the Plaintiff’s inventory of the Plaintiff’s product KRW 329,928) asserted that the Plaintiff would have sold all the Plaintiff’s product without the Defendants’ act. As to this, Defendant Home Plus claimed that: (a) the low sales of the Plaintiff’s product was not due to the Defendant’s product sales; (b) the Defendant Home Plus did not have been able to engage in special marketing of the World Cup due to the 2014 World Cup 2014’s 2014 FIFA World Cup’s 200 World Cup’s 200 won; and (c) there was a cause that the national support atmosphere was not formed due to the stroke of the Korean National Team’s 2014 FIFD’s 200 won x KRW 1,484,676,000 (= the Plaintiff’s product inventory 329, X28,500 won).
C. Accordingly, the Plaintiff seek reimbursement of KRW 300,000,000 as part of the above damages priority claim against the Defendants.
3. Determination
(a) a non-exclusive license is set out in a contract establishing a trademark right or an exclusive licensee;