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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed in the trial, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The relationship 1 between the plaintiffs and the defendants was reported on July 21, 1993, but the agreement was reported on November 2, 2006 by pretending the divorce. On April 10, 2009, the marriage was reported again on April 10, 2009, and the plaintiff Gap filed a divorce lawsuit against the defendant Eul (the first instance court: the Gwangju Family Court 201dhap441 (main lawsuit), 201dhap694 (Counterclaim), 201dhap694 (Counterclaim): the appellate court: the Gwangju High Court 2012Reuu140 (main lawsuit), 201Reuu140 (Counterclaim) and 2012uu157 (Counterclaim)). The judgment was finalized to the effect that the plaintiff Eul and the defendant Eul were divorced upon the plaintiff's principal divorce claim of the plaintiff Eul, and the plaintiff Eul's counterclaim's representative was the defendant Eul's director of the company for the purpose of establishment of the defendant Eul and its head.
3) On March 4, 2011, Plaintiff A (hereinafter “Plaintiff”) for the purpose of manufacturing, selling, franchise business, franchise business, chain business, etc., Plaintiff B (hereinafter “Plaintiff”)
(B) The Plaintiff established the Plaintiff Company, and since its incorporation, it is the internal director, who is the representative of the Plaintiff Company, from the time of its incorporation. (b) Plaintiff A registered the service mark right of “G” around February 199, as well as the service mark right of “H,” “F,” “I” and began to run the “F” franchise business (hereinafter “instant franchise business”).
2) As to the instant franchise business, the J (business registration around October 2006) in the name of Defendant E, H (Establishment on October 15, 2008, business closure on August 5, 2009, representative E), and K Co., Ltd (Establishment on July 1, 2009, representative director A) have operated the instant franchise business in the order of order as the franchisor. 3) K Co., Ltd has operated the instant franchise business in the order of order.