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(영문) 서울중앙지방법원 2020.11.13 2018가합570403
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) 1) Date of application/registration date/registration number of Defendant B: D date/E date/F2: 3) Designated goods: Defendant B: Defendant B;

B. On April 17, 2017, between the Plaintiff and Defendant B, a trademark transfer agreement and the said trademark transfer agreement between the Plaintiff and Defendant B, and the instant trademark transfer agreement on December 15, 2017, respectively.

(2) The trademark transfer contract of April 17, 201 (hereinafter referred to as the “instant transfer contract,” the “instant transfer contract,” the trademark transfer contract of December 15, 2017, and the said additional contract under the said contract, shall be construed as the “instant additional contract,” and the “instant additional contract”). The main contents of the instant transfer contract and the instant additional contract are as follows.

The defendant B of the instant transfer contract transfers his authority to the Plaintiff regarding the sale of all kinds of goods other than GT lease as follows.

The purpose of this Agreement is to divide and exercise the power of direct sales, agency, and sales store for all kinds of goods, other than GT Lease, for the purpose of this Agreement.

2. The defendant B has the authority to directly sell all kinds of goods, other than GT leasing, through the EXPO, and the plaintiff has the authority to directly sell the goods through the EXPO, and the plaintiff has the authority to sell the agency and the store.

4. Defendant B, through the Plaintiff, will only proceed with the import of all kinds of products other than Gt Lease.

5. Defendant B and the Plaintiff shall not arbitrarily implement the development, distribution, and sale of new products of all kinds of products other than GT Lease, and run under mutual agreement.

The trademark right holder of the instant additional contract.

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