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(영문) 광주지방법원순천지원 2014.01.09 2013가합1809
성명 사용금지
Text

1. The defendant uses the name of F in C, D, and E operated by the defendant or uses the name of F.

Reasons

1. Facts of recognition;

A. The Plaintiff is one of the successors of the deceased F (hereinafter “the deceased”) and the Deceased was a founder of G, who was on the part of the I school for forty (40) years in Seo-gu, Busan, and died on August 27, 1989.

B. On March 15, 1982, the Deceased established E (hereinafter “instant research institute”) on March 15, 1982.

C. On April 15, 1984, the deceased published “J”. The research institute of this case took charge of the deceased’s lessons and wood gathering, and research and distribution of the above materials. At present, the management chairperson is K, one of the heirs of the deceased.

After the death of the deceased, the above K registered the trademark right and the M/service mark of the same year to LB, and even registered the N/L copyright for part of the deceased’s work.

E. Meanwhile, while working at the instant research institute, the Defendant arbitrarily removed books and publications of the instant research institute upon the death of the deceased, and opened a “P” (hereinafter “instant site”) under the name ofO or C, and introduces novels, voice, and filmed by linking D, which had been created by the Deceased, and published books in the same name as “J” published by the Deceased, and published them. The Defendant recently published the books and publications in the name ofO on March 7, 2013.

4. 13. R, “R,” and the same year

8. 26. 26. “S”, the same year

9. 17. Publication “T”

F. On January 25, 1990, the Defendant was expelled from G on January 25, 199, while serving in Vlusium U.S.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s main defense of safety can only file the instant lawsuit seeking infringement on the deceased’s mutual rights, copyrights, honorary rights, and name rights. The Plaintiff is the representative of the instant research institute.

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