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(영문) 대전지방법원 2017.07.20 2015가합107438
상표권침해금지 및 손해배상 등
Text

1. The Defendants shall package the marks in the attached Form 1 and each mark for the products listed in the attached Form 2 or the products listed in the attached Form 2.

Reasons

Facts of recognition

The Plaintiff is a company established on March 16, 2015 for the purpose of importing, selling, etc. electronic tobacco and liquid products, and is a trademark right holder of the following registered trademarks (hereinafter “instant registered trademark”).

On the filing date/registration date of the trademark: F-designated goods: Class 34 - tobacco, electronic tobacco for smoking, chewing tobacco, tobacco sales business, tobacco sales agency business, tobacco sales business, electronic tobacco sales agency business, electronic tobacco sales agency business, electronic tobacco sales agency business, and electronic tobacco retail business of the U.S. H company established the branch of the Republic of Korea of H company of the U.S. and imported the amount counseling service of the company's "I" into the Republic of Korea on April 9, 2014.

After that, on March 16, 2015, the above HH branch converted into the Plaintiff, and Defendant C also established Defendant B Co., Ltd. (hereinafter “Defendant”) on January 8, 2015.

In addition, on May 6, 2015, the Plaintiff and Defendant C entered into an oral supply contract (hereinafter “instant supply contract”) with which they will succeed to the pertinent supply contract as it is.

Upon entering into the instant supply contract, the Plaintiff and the Defendant Company agreed that “in the event of disputes arising in connection with the instant contract, the parties shall consult and settle the dispute in the first place, but if there is no smooth consultation, the arbitral award shall be followed by the arbitrator recommended by the KCAB upon request by both parties” (hereinafter “instant arbitral agreement”).

(2) In concluding the instant supply contract, the Plaintiff and the Defendant Company agreed to pay to the Plaintiff KRW 262,577,00 (excluding value-added tax; hereinafter the same shall apply) on the same day to repay the outstanding amount due to the Plaintiff on the same day, on May 7, 2015, KRW 50 million; KRW 50 million on June 7, 2015; KRW 550,000,000 on July 7, 2015; KRW 50,000 on August 7, 2015; and KRW 50,000,000 on August 7, 2015; and KRW 62,57,000 on September 7, 2015.

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