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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of clothes manufacturing and wholesale and retail, and Defendant Lridmark Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the purpose of manufacturing women’s clothes, such as refining and glars, and Defendant B is a trademark right holder who registered the trademark registration number C’D trademark (hereinafter “D”) as to the trademark registration number C’s trademark.
B. On March 20, 2012, the Plaintiff and the Defendant Company entered into a strategic partnership agreement (hereinafter “instant partnership agreement”) for the purpose of facilitating the pertinent business, and the main contents are as follows.
Article 2 (Use and brand)
1. The plaintiff may sell products and goods produced under the responsibility of the defendant company using trademark rights D and E owned by the defendant company to the extent that they are delivered.
Article 3 (Scope of Distribution and Burial Matters)
1. The scope of the Plaintiff’s distribution can be limited to the distribution of permanent and acrylic arbalestss, and a new store may be established after consultation with the Defendant Company at the time of opening a new store.
The allowable range of online shopping malls can be limited to those transferred under this contract and those of online shopping mall operated by the store that is opened in consultation with the defendant company.
Article 4 (Term of Contract)
1. The term of this contract is from April 30, 2012 to April 30, 2017 (five years).
C. On August 31, 2012, F of the Plaintiff’s representative director: (a) lent KRW 400 million to the Defendant Company; and (b) concluded an agreement with the Defendant Company as follows (hereinafter “instant agreement”); and (c) F completed the registration of establishment of exclusive license for the instant trademark from August 31, 2012 to December 7, 2018.
1. F shall lend a gold of KRW 400 million to Defendant Company, and Defendant Company shall register the establishment of an exclusive license for Defendant B’s trademark for the purpose of securing repayment of the loan.