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1. Defendant B’s domain name “D” that was registered on July 9, 2012 with Korea Ltd. Korea Ltd. on the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff Company is a corporation that runs the business of manufacturing, processing, or selling agricultural, fishery, and livestock products, and the Plaintiff Company runs the business of selling livestock products through its Internet website on July 11, 2012 after completing the registration of its establishment.
B. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was also a corporation engaged in the manufacture, processing, and sale of agricultural, fishery, and livestock products, and completed the registration of incorporation on July 25, 2013. Defendant B registered the instant domain name “D” (hereinafter “instant domain name”) on July 9, 2012 and has been holding the same until now, and was registered as an internal director of the Defendant Co., Ltd on February 17, 2014.
C. Meanwhile, the Internet web page using the instant domain name (hereinafter “instant web page”) has been used for the Plaintiff Company’s business from July 2012 to July 2013 as the name “A”. However, from August 2013 to July 2013, the Defendant Company is being used for the Defendant Company’s business with the name “C”.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, 5, 9, 14, Eul evidence No. 2, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Despite the fact that the domain name of this case should have been registered under the original name of the Plaintiff Company, Defendant B, who had been an employee of the Plaintiff Company, had registered under the name of the Plaintiff Company, and had been used for the business of the Defendant Company after withdrawal of the Plaintiff Company. Under Article 12 of the Internet Address Resources Act (hereinafter “Internet Address Resources Act”), Defendant B is obligated to perform the procedure for the registration of transfer of the domain name of this case against the Plaintiff Company as a person who has a legitimate title to the domain name of this case.
B. Each letter design and drawings set forth in [Attachment 1-3] Nos. 1-3 and 4-5 of the damages claim amount.