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(영문) 서울중앙지방법원 2014.12.12 2014가합535358
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. The Plaintiff was a company established on February 10, 1998 for the purpose of running the clothing miscellaneous export and import business, and was engaged in activities as a transfer to the Republic of Korea relating to the establishment of the right to use the trademark right in Hong Kong (hereinafter “YGM”) owned by the YGM MMA LIITD (hereinafter “YGM”) located in Hong Kong.

In addition, the defendant is a company that was established on July 20, 2001 and engaged in clothes and sales business of daily necessities.

B. From the beginning of 2010, the Defendant agreed with YGM on the terms and conditions of the use of the trademark right of this case to enter into a contract for the establishment of the right to use the trademark of this case (hereinafter “instant license agreement”).

In the process, the Plaintiff, from January 2010, translated the business plan prepared by the YGM and the Defendant into English, delivered the meeting schedule to the other party, or set and arranged the meeting schedule of each business entity. The Plaintiff also borne some of the expenses, such as accommodation and aviation fees.

C. Around the end of 2010, the Plaintiff entered into a service contract with Jinchi Industrial Co., Ltd., Ltd., and the Korea Development Bank, Inc., Ltd., which intended to use the trademark right of the instant case in Korea to provide all kinds of consultation to enter into the license agreement of the instant trademark and to receive certain fees in return, respectively. Accordingly, the said company negotiated the terms of the contract for the establishment of the “non-exclusive license” of the instant trademark right with YGM.

Meanwhile, at the same time, the Defendant requested the establishment of “exclusive license” on the trademark of this case in the course of negotiations for concluding the instant licensing agreement, and at the same time, proposed the organization of “five committee for the future marketing business, etc. by utilizing the said exclusive license,” etc., against the YGM side.

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