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(영문) 서울중앙지방법원 2020.06.10 2019나65476
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate development business, etc., and was promoting the business of newly building and operating a sales-type hotel of the first floor and the seventh floor above the ground on the D ground of Gangwon-do Crossing-gun D

(hereinafter referred to as the “instant hotel”). The Defendant is a company established for the purpose of real estate sale and lease business, etc., and is a service mark holder for the service mark indicated below (hereinafter referred to as the “trademark”).

[Attachment] Article 1 (General Provisions) “User (Plaintiff)” wishes to use the brand of “holder (Defendant)” in relation to this project, and “holder of the right” agreed to use the trademark within a lawful scope, as the right to use the trademark is intended to grant the right to use the trademark to “the project”.

Article 2 (Use brand) A brand to be used under this Agreement means “E” (E in English referred to as “E”).

Article 3 (Right to Use) The term "right to use" in this Agreement means a non-exclusive license under Article 97 of the Trademark Act.

The holder of the right shall grant the exclusive and non-transferable right to use the brand only in accordance with the terms and conditions of the “this contract” during the period specified in the “this contract,” and the right to exploit the transferable right to transfer to the “user”.

Article 4 (Subject Matter of Use) of the above-mentioned 2,943.68 square meters of the total floor area of 504.00 square meters of the building site area of 2,94.00 square meters of the total floor area of 504.00 square meters of the building site area of 1-7 square meters of the underground floor and 1-7 square meters of the land area of the Gu, which is located within the jurisdiction of the Gu, may be changed due to the conditions of authorization, permission and construction. Upon the conclusion of this contract, after entering into the contract, the payment date of the down payment (50,000,000 square meters of the amount classified (50,000), the payment date of the intermediate payment ( 60,000,000) within two months after entering into the contract, or within three months after entering into the sale rate or 70% of the remainder of the payment date (60,000,000) on the first day.

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