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(영문) 전주지방법원 2016.09.06 2015가단38035
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 3, 2002, the Defendant concluded a service contract with the non-party L&A Co., Ltd. (hereinafter “non-party company”) on a condition that the contract amount of KRW 9,500,000, and the contract period of KRW 5,000 from August 5, 2002 to October 3, 2002 to develop a new brand (hereinafter “instant service contract”).

B. According to the instant service contract, the non-party company developed and supplied the trademark design of "Seo-Eup, Young-si," which is a trademark design (hereinafter referred to as the "design of this case"), and the phrase "Seo-Eup," which is included in the design of this case, was used by the chain developed by the Plaintiff.

C. After doing so, the Defendant, including high-quality rice, applied for trademark registration, etc. under the name of the Defendant, using the instant design in the publicity materials of this case for the purpose of selling the specialty produced within the jurisdiction of Jung-Eup, Jung-gu, including those of high quality rice.

On January 2012, the Plaintiff notified the Defendant that “The Defendant violated the Plaintiff’s copyright while using the instant design that the chain B developed by the Defendant was used for the instant promotional materials and filing for registration with the trademark, etc., and thus, the Plaintiff’s copyright was suspended.”

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul Nos. 1 and 5, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion was around 1997, the Plaintiff developed and published C, D, E, F, and G as the body design and had copyright to the body design. On March 13, 1998, the Plaintiff had the copyright to the computer program work by having I operating H develop six books including B. The Defendant without the Plaintiff’s consent.

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