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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
Reasons
1. Determination on the main claim
A. The plaintiff's assertion that the plaintiff's brand electricity of "D" manufactured by the Chinese limited company, which has exclusive import and sales right, caused damage to the plaintiff's reputation and interfere with its business by spreading false facts such as illegal reproduction products. The defendant asserts that the plaintiff should compensate the plaintiff for consolation money of KRW 100 million with respect to the plaintiff's reputation and credit decline.
B. Determination 1) The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the pleadings as to Gap evidence 2-1, Gap evidence 3, and Eul evidence 2. A) The Plaintiff entered into a domestic sales contract with the Plaintiff as to "D" electrical records manufactured by the pertinent Chinese company, around early 2017.
B) The Defendant is a person operating a sales company with the trade name of “E”. The Defendant on April 2, 2017, is a person who operates a sales company with limited liability in China (hereinafter “F”).
(C) On May 23, 2017, the Defendant: (a) entered into a sales contract with respect to the exhaust electricity ( brand name “G”) manufactured by F; (b) attached the trademark “” to F; and (c) attached the trademark “,” “,” “,” “,” etc. similar to the registered trademark of the application for “E” that was acquired the right to use through F; and (c) attached the trademark to the relevant business owners on the same date. The Defendant sent text messages containing the content that “E is a machine producing E’s machinery at Chinese D companies.” In addition, the Defendant sent text messages containing the content that “E is a machine that produces damage to the Plaintiff’s machinery at the Chinese D companies.” In the process of importing and selling domestic source electricity (Drg) from several domestic companies, the Defendant occurrence of sexual harassment between the Chinese E companies and its consumers.