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(영문) 수원지방법원 2014.12.09 2013가합18700
손해배상(지)
Text

1. Defendant Boh unemployment Co., Ltd. and B Co., Ltd. shall have the marks listed in attached Form 1 on the packaging of the Choun Kim-un Kim.

Reasons

1. Basic facts

A. D and E, around 198, purchased Kim in the Mapo-gu Seoul Maga market and sold it with the emblem listed in attached Form 1 (hereinafter “instant mark”). On December 23, 1993, F, “F,” began to manufacture and sell the products in the trade name of “F,” and around 1995, three parts of “one name,” “one, one of which was packaged in a quantity that can be consumed once for the first time in the Republic of Korea,” where three of the three parts of “one name, one, one, one of which was sent in a line,” and one of which was sent in a line of sight.

B. However, since October 2003, when a trademark and management right dispute arises between D and E and excessive investment, and the financial situation becomes worse, D and E have concluded a contract with G to adjust the business in which D and E, and to transfer all the business in relation to the manufacturing and sales business of the whole laver, including the instant mark, on March 17, 2004.

C. As above, G having taken over the instant mark, etc., discontinued its business on the grounds of cumulative liabilities, etc. while operating Company F with wife H, and then established the Plaintiff Company on February 24, 2006, and the Plaintiff Company manufactured and sold the laver with the instant mark since its establishment.

The instant mark was aired in the “field of experience life” program of I and J KBS1, respectively, and was advertised by MBC radio from October 2006 to June 2007, and was continuously supplied to major domestic department stores and discount stores.

E. Defendant Boh unemployment Co., Ltd. (hereinafter “Defendant Boh unemployment”) is from around 2010 to Defendant B Co., Ltd. (hereinafter “Defendant B”) the mark indicated in the attached Table No. 2 (hereinafter “Defendant B”).

The manufacture of the laver, which was entrusted with the manufacture of the above laver, was manufactured, and the defendant B supplied the above laver from the defendant Bohun, sold it, and the defendant C sold it.

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