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(영문) 서울중앙지방법원 2015.09.18 2013가합86569
손해배상(기)
Text

1. The Defendants jointly share KRW 58,620,350 to the Plaintiffs, as well as the period from December 17, 2013 to September 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in leather, manufacture, sale, etc. of leather products, and the Defendant Company A (hereinafter “Defendant Company”) was a trademark holder of the following registered trademark (hereinafter “instant registered trademark”) as a company engaged in miscellaneous import and export business, sales business, etc., and Defendant B is the representative director of the Defendant Company:

Registration number: D/Date: E-designated goods: Marks, such as Category 18, wallets, name cards (name cards), etc.:

B. On March 16, 2012, the Defendant Company entered into a contract with Nonparty Company on the receipt of USD 100,000 from Nonparty Company and the establishment of the right to use the instant registered trademark, instead of transferring the instant registered trademark right and other registered trademark rights to Nonparty Company, and completed the procedure for the registration of transfer to Nonparty Company on March 30, 2012.

C. From August 2012, the Plaintiff and the Defendant Company discussed the sale of the Category A products using the instant registered trademark from around August 1, 2012, and concluded a contract with respect to the said registered trademark on November 1, 2012 (hereinafter “instant contract”).

The purpose of Article 1 (1) of the License Agreement is to clarify the obligations of both parties related to the use of the trademark that the defendant company holds in the course of manufacturing and selling the goods of leather.

Article 2(A) The Plaintiff shall pay a royalty to the Defendant Company that is the exclusive licensee of the trademark, and may manufacture and sell the trademark rights only for the items indicated below by using the trademark: POLICEc): The Plaintiff may exclusively use the trademark rights within the period of use.

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