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(영문) 서울중앙지방법원 2018.06.22 2017가합579144
회사에 관한 소송
Text

1. On September 22, 2016, the defendant shall place the plaintiff with the registered trademark stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff was the owner of each registered trademark (hereinafter referred to as “instant trademark”) indicated in the separate sheet as the company whose principal business is the household design, manufacture, and sales business. The Defendant (former Mutual Co., Ltd.) was established as a logistics company for the Plaintiff’s participation in the household procurement market on July 8, 2004, and thereafter, from around October 2010, the Plaintiff operated a public institution to procure and supply household units for business use.

The plaintiff supplied the household to the defendant and the defendant supplied the goods to the public agency in response to the procurement.

B. On June 10, 2013, Seoul Rehabilitation Court 2013 Ma106, the rehabilitation procedure commenced against the Plaintiff. On June 10, 2013, the rehabilitation procedure was in progress, and around March 2014, when the rehabilitation procedure was in progress, the claim against the Defendant was transferred to D with a permit to sell the claim amounting to KRW 310 million.

This claim was classified as bad credit because the plaintiff had a claim against the defendant, but was not repaid by the defendant, and thereafter, D was converted into equity investment with the transferee, and the plaintiff continued to engage in the transaction with the defendant.

The rehabilitation procedure against the plaintiff was completed on May 12, 2014.

C. Meanwhile, according to the result of the review that the Defendant’s supply of the product that attached the instant trademark owned by the Plaintiff to the procuring market may constitute the supply of other company trademarks pursuant to the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Agricultural and Fishing Villages, the Plaintiff entered into a contract with the Defendant to transfer the instant trademark at KRW 60,000,000 with the permission of the court on April 28, 2014, and completed the registration of transfer of the trademark on May 28, 2014 to the Defendant on the ground of transfer of the instant trademark.

On April 28, 2014, the Plaintiff and the Defendant signed a transfer contract to ensure the right to recover the instant trademarks, at any time upon the request of the Plaintiff.

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