(영문) 서울고등법원 2016.03.10 2015나2048151

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.03.10 2015나2048151

부정경쟁행위금지 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, in addition to the following reasons, and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

At the bottom of the 2th judgment of the first instance court, the 6th "Plaintiff A corporation" shall be "Co., Ltd. of the first instance court".

The 5th 9th 9th 6th 2th 6th 2nd 6th 2nd 6th 2nd 3rd 6th 2nd 10th 2nd 11st 2nd 18th 2nd 2nd 18th 2nd 2nd 3rd 2nd 2nd 2002

The first instance court’s decision No. 17 states, “The reappealed against the decision and continued to be Supreme Court Decision No. 2015Ma4132 at present” as “, however, the reappealed against the decision, but was dismissed on October 1, 2015 (Supreme Court Order 2015Ma4132).”

On July 29, 2015, the first instance court's 12 pages 2-5-2 of the judgment. "2) The Defendant had an objection to provisional disposition, but the original decision was authorized (Seoul District Court Order 2014Kahap162). The Plaintiff filed a second appeal, which was in progress in the above appellate court (Seoul High Court Order 2014Ra20467), withdrawn the above provisional disposition application on July 29, 2015."

2. The reasoning for the court’s reasoning on this part of the Plaintiff B’s assertion is as stated in the “3. B’s claim portion” among the grounds for the judgment of the court of first instance, except for dismissal or addition as follows. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the 14th and 15th of the judgment of the first instance court, the phrase “a claim is made for the payment of KRW 1 billion to the estimated amount of damages as stipulated in the second agreement of this case” means “a claim is made for the prohibition of the use of the mark of this case and the mark of the registered trademark of this case and the payment of KRW 1 billion to the estimated amount of damages, such as the written claim, according to the second agreement of this case.”

The 15th judgment of the court of first instance has the obligation to pay, and also has the obligation to pay.

참조조문

-민사소송법 제420조

유사 판례

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