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(영문) 서울중앙지방법원 2020.07.24 2020가합506795
손해배상(지)
Text

1. The defendant's KRW 4,000,000 and about this, 5% per annum from February 28, 2020 to July 24, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was a company established on December 16, 1992 for the purpose of the manufacture of electricity bed and operated for the first time from around 1993 with the word “C” and manufactured and sold a prone product using D’s business mark (hereinafter “Plaintiff’s business mark”).

From January 1, 1997, the Plaintiff advertised products using the Plaintiff’s mark on a national scale through the home shopping of cable TV, television, radio, various domestic daily newspapers, etc., and sells them through 60 agencies nationwide, 10 direct management stores, and 10 domestic department stores.

The Plaintiff is a trademark right holder, such as “D” (such as electric mat, electric rupture, hot rupture, rupture, etc. installed in a rupture), and (the designated goods No. 10: Medical rupture, etc.).

B. The Defendant, from around 201 to around 201, operated the Plaintiff’s agency at the window E of Changwon-si, terminated the agency contract with the Plaintiff on March 2015, and immediately thereafter, sold booms, soil bed, etc. while operating the agency of F Co., Ltd. (hereinafter “F”).

피고는 2015. 3.경부터 2018. 3. 중순경까지 아래 사진과 같이 ‘G’ 간판 아래 부분에 “바꿨습니다”라는 작은 글씨의 좌측 아래 부분에 큰 글씨로 원고 영업표지를 새기고 그 우측 아래 방향으로 화살표 표시를 한 다음 그 아래에 “G”라는 작은 글씨를 새긴 현수막(이하 ‘이 사건 현수막’이라 한다)을 부착하였다.

C. On August 26, 2019, the Defendant was convicted of committing an unfair competitive act that causes confusion with the Plaintiff’s business facilities or activities by using the instant banner identical or similar to the Plaintiff’s business mark widely known in Korea, and the Defendant received a summary order of KRW 500,000,000, and the said summary order became final and conclusive around that time.

(c).

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