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1. The Defendants jointly share KRW 38,421,040 with respect to the Plaintiff and 5% per annum from February 1, 2016 to August 25, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a trademark right holder with respect to the marks indicated below.
The filing date/registration date/ the scheduled date of the expiration of the term of designated goods of July 25, 2005 / 006 / 069389 on July 5, 2006, 197: (a) 069389; (b) cream; (c) medicinal cream; (d) general storage number; (e) cosmetics for physical consumption; (e) handbred cream; (b) skin cream; (c) cream; (d) cream; (d) medicinal cream; (e) medicinal cream; (e) medicinal cream; (e) 2000 on July 20, 205; (f) 20 on July 20, 2015; (f) 118757; (f) cream; (f) cream; (f) cream; (f) cream; (f) cream; (f) shoo and excluding cosmetics;
Plaintiff
In March 2015, the Plaintiff of the product released and sold the skin cosmetic which attached the Plaintiff’s registered trademark.
(see, e.g., h. photo)
around October 2015, C, without the Plaintiff’s permission, intended to produce 100,000 metal packaging boxes of the Plaintiff’s product, on which the Plaintiff’s registered trademark was attached, (i) around October 2015 (see, e.g., a sound photograph; hereinafter “Plaintiff’s product box”).
A) Around November 2015, D asked Defendant B, who is engaged in the printing business, to manufacture the Plaintiff’s product box. Defendant B requested Defendant A, who is engaged in the manufacture of the Plaintiff’s product, to be aware of the company that is capable of manufacturing metal boxes, around November 2015, and Defendant A introduced Defendant B to Defendant B. After that, around December 2015, Defendant B requested Defendant B to manufacture 10,000 of the Plaintiff’s product box with the proposal of the Plaintiff’s registered trademark, and Defendant B delivered the proposal of the Plaintiff’s registered trademark to Defendant A, and Defendant A sent Defendant B the proposal of the Plaintiff’s registered trademark to Defendant B. around January 2016, Defendant A manufactured and supplied 10,000 of the Plaintiff’s product box to Plaintiff A.