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(영문) 의정부지방법원 2016.11.04 2015가단42070
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the right holder of the trademark right indicated in the attached Form (hereinafter “instant trademark right”), and Defendant B is a person engaged in the household manufacturing business under the trade name “D”.

B. Defendant B entered into a contract with the Plaintiff’s husband E, who runs the furniture wholesale business on March 2, 2009 with the Plaintiff’s husband E on the production and supply of a bed with the trademark of this case, and produced and supplied approximately 520 bits from April 22, 2009 to March 25, 2010.

C. Defendant B had a claim for goods amounting to KRW 15,150,000 against E due to the said transaction, but E unilaterally discontinued the transaction without paying the said amount on the ground of cancer treatment, etc. around April 2010.

Accordingly, from October 201 to March 201, 201, Defendant B sold 60 feet (hereinafter “instant beds”) equivalent to KRW 18 million at the market price on which the instant trademark was attached between October 201 and March 201, without the Plaintiff, etc.

E. Accordingly, on April 11, 2013, the Plaintiff filed a complaint against Defendant B as a violation of the Trademark Act, and Defendant B was sentenced to a fine of one million won at the Jung-gu District Court for criminal facts (2012 High Court Decision 2370). Defendant B appealed against this, but Defendant B appealed on August 13, 2013 (2013No869). The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants conspired and manufactured and sold the instant trademark without the Plaintiff’s consent, thereby infringing the Plaintiff’s trademark right.

Therefore, the Defendants jointly and severally, pursuant to Article 67(2) of the Trademark Act, are profits earned by the Defendants from around April 2009 to December 201, 162,269,250, which are the profits earned by the Defendants primarily from the above infringement act, and only some of the applicants 8.

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