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1. Defendant B may not post the current status of the Plaintiff’s agency on the above Defendant’s Internet homepage (E).
Reasons
1. Basic facts
A. On May 9, 2009, the Plaintiff: (a) revised the trade name on April 12, 2013 to “J”; (b) subsequently, the Plaintiff was incorporated as “stock company A” on February 20, 2014; and (c) sold the Plaintiff’s trademark with the Plaintiff’s trademark attached to the kitchen equipment, etc. manufactured by another company from the time of its establishment (the so-called OEM method or OEM method); (c) particularly, “A” applied for trademark registration (the above trademark was registered with H); (d) thereafter, the Plaintiff began to sell the said trademark to the kitchen equipment, such as a food washing machine manufactured by another company.
At present, the plaintiff directly manufactures and sells the food washing machine "I" (hereinafter referred to as the "Plaintiff's food washing machine") in the attached list No. 1.
B.1) Defendant D, as the husband of K, who was the representative director at the time of the establishment of the Plaintiff Company, was practically engaged in the business of the representative director of the Plaintiff Company by using a name tag indicating himself/herself as the representative of the Plaintiff Company. 2) Defendant D, following the retirement of the Plaintiff Company on February 20, 2014, changed the name of the Plaintiff Company into B as of August 11, 2014, for the purpose of manufacturing and selling food washing machines, etc., on March 13, 2014, he first changed the name of the Defendant C Co., Ltd, and then the Defendant Company was in charge of the representative director at the time of the establishment of the Plaintiff Company (hereinafter “Defendant Company”). At that time, Defendant D joined the Defendant Company as the Defendant Company L, M, N,O, and P, working for the Plaintiff Company.
3) From the time of establishment to the Defendant Company, the Defendant Company is a food washing machine (hereinafter “Defendant food washing machine”) called “ Q (or R)” as indicated in the attached Table 2 List from the time of establishment.
The trademark "S" is manufactured and sold by attaching it.
Defendant D serves as the representative director of the Defendant Company, and Pyeongtaek-si T.